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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. 21-0381:  Mark Alan Troutman v. State of Iowa

Filed Nov 17, 2022

View Opinion No. 21-0381

            Appeal from the Iowa District Court for Mills County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            Mark Troutman appeals the denial of his application for postconviction relief, asserting ineffective assistance of counsel.  OPINION HOLDS: The record overwhelmingly establishes Troutman’s guilt.  Troutman failed to establish prejudice, and the district court appropriately denied all his ineffective-assistance-of-counsel claims.

Case No. 21-0663:  Jonathan Rodriguez Leyva v. State of Iowa

Filed Nov 17, 2022

View Opinion No. 21-0663

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

Jonathan Rodriguez Leyva appeals the denial of his application for postconviction relief (PCR).  Rodriguez Leyva generally re-raises issues he brought in his PCR application to the district court, claiming trial counsel provided ineffective assistance by failing to (1) challenge the search warrant under Iowa Code section 321J.10 (2015); (2) better prepare him for allocution at sentencing; and (3) obtain an expert in retrograde extrapolation.  OPINION HOLDS: Rodriguez Leyva’s claim about trial counsel’s failure to move for suppression under section 321J.10(1)(a) is not preserved for our review.  He has not established his other two claims of ineffective assistance.  We affirm the district court’s denial of his PCR application.

Case No. 21-0707:  State of Iowa v. Jimmy Jacoby Carr

Filed Nov 17, 2022

View Opinion No. 21-0707

            Appeal from the Iowa District Court for Pottawattamie County, Michael D. Hooper, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Buller, J., takes no part.  Opinion by Potterfield, S.J.  (22 pages)

           

            Jimmy Carr appeals from his convictions and sentences for first-degree robbery, assault, interference with official acts, and felon in possession of a firearm.  OPINON HOLDS: The district court did not abuse its discretion in declining to give the specific explicit-bias instruction Carr requested.  It was an error to give the instruction on participating in a public offense, but Carr was not prejudiced by the error.  Substantial evidence supports Carr’s convictions for assault and first-degree robbery.  But, because assault is a lesser-included of the robbery charge and there is not substantial evidence of multiple assaults, Carr’s assault conviction should merge with the robbery conviction.  We vacate the assault conviction and remand for dismissal of that count.  Finally, the district court did not abuse its discretion in denying Carr’s motion for new trial.

Case No. 21-0957:  Scott Charles Marinovic v. State of Iowa

Filed Nov 17, 2022

View Opinion No. 21-0957

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Scott Marinovic appeals the denial of his application for post-conviction relief.  OPINION HOLDS: Marinovic’s counsel did not provide ineffective assistance by allowing Marinovic to plead guilty to second-degree theft or in representing him during probation-revocation proceedings.  Nor did counsel provide ineffective assistance by failing to raise a meritless constitutional claim.

Case No. 21-1228:  State of Iowa v. Carson Bruce Sinclair

Filed Nov 17, 2022

View Opinion No. 21-1228

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (4 pages)

            Carson Sinclair was convicted of operating a motor vehicle without the owner’s consent, in violation of Iowa Code section 714.7 (2021).  Sinclair appeals the denial of his request that the court instruct the jury on the definition of “operating a motor vehicle.”  OPINION HOLDS: The jury was properly instructed about the two statutory elements of the offense.  We affirm.

Case No. 21-1311:  Donshey Purnell Reed v. State of Iowa

Filed Nov 17, 2022

View Opinion No. 21-1311

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

            Donshey Reed appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: This PCR application is untimely.  Even assuming the relation-back doctrine applies here, this PCR application was not filed promptly after the conclusion of the first PCR action.  Reed’s equitable-tolling and constitutional arguments are not preserved for our review.

Case No. 21-1383:  State of Iowa v. Daniel Richard Definbaugh

Filed Nov 17, 2022

View Opinion No. 21-1383

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (14 pages)

            Daniel Definbaugh appeals his convictions for two counts of second-degree sexual abuse, alleging insufficient evidence corroborates his admissions.  He also claims statements made at his house should be suppressed because they were made prior to receiving his Miranda warnings.  He alleges questioning at the police station occurred after he invoked his right to counsel.  He also claims questioning at both locations included promises of leniency.  OPINION HOLDS: We find sufficient evidence supports Definbaugh’s admissions.  The district court properly denied Definbaugh’s motion to suppress his admissions at his residence.  And while we determine the statements made at the law enforcement center were made after an invocation of counsel, such statements were cumulative to previous statements made by Definbaugh.  Lastly, we determine no promises of leniency were made.  Accordingly, we affirm. 

Case No. 21-1407:  Martin Shane Moon v. State of Iowa

Filed Nov 17, 2022

View Opinion No. 21-1407

            Appeal from the Iowa District Court for Clarke County, Terry R. Rickers, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Martin Moon appeals the dismissal of his application for postconviction relief (PCR) concerning his conviction for murder in the first degree.  He maintains summary dismissal was improper because he alleges newly discovered evidence and potential Brady violations.  OPINION HOLDS: Moon failed to establish that he could not have raised the newly discovered evidence earlier in the exercise of due diligence.  We therefore affirm the dismissal of his PCR application.

Case No. 21-1421:  Aundre Redmond Whitfield v. Chelsea R. Clayton

Filed Nov 17, 2022

View Opinion No. 21-1421

            Appeal from the Iowa District Court for Webster County, Jennifer A. Miller, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            Chelsea Clayton appeals the physical care determination for her children with Aundre Whitfield.  OPINION HOLDS: We agree with the district court that placing physical care of the children with Aundre will best provide stability and continuity.  We decline to award appellate attorney fees.

Case No. 21-1467:  State of Iowa v. Manual J. Seenster, Jr.

Filed Nov 17, 2022

View Opinion No. 21-1467

            Appeal from the Iowa District Court for Clayton County, Richard D. Stochl, Judge.  CONVICTION CONDITIONALLY AFFIRMED, RULING ON NEW TRIAL MOTION VACATED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Manual Seenster appeals the district court’s denial of his motions in arrest of judgment and for a new trial, arguing the State failed to prove beyond a reasonable doubt that he intentionally delivered methamphetamine to another person and the verdict was contrary to the law and evidence.  OPINION HOLDS: We conditionally affirm Seenster’s conviction but vacate the ruling on the new trial motion and remand for application of the weight-of-the-evidence standard.

Case No. 21-1512:  State of Iowa v. Michael Thomas Heggebo

Filed Nov 17, 2022

View Opinion No. 21-1512

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            A jury convicted Michael Heggebo of willful injury causing serious injury.  He appeals, arguing the greater weight of the credible evidence shows he was acting in self-defense and had no intention of seriously injuring Derrius Hollis.  OPINION HOLDS: We find no abuse of discretion by the district court; we affirm. 

Case No. 21-1550:  State of Iowa v. Davon Antwon Wright

Filed Nov 17, 2022

View Opinion No. 21-1550

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            Davon Antwon Wright appeals his sentence following conviction for escape from custody as a habitual offender, a class “D” felony.  The district court, applying Iowa Code section 903A.5(1) (2021), found he was not entitled to receive credit for time served.  Wright asserts the supreme court COVID-19 supervisory order extending the speedy trial deadline resulted in him being detained an additional 236 days and this constitutes cruel and unusual punishment.  He argues his sentence is inconsistent with the legislative intent of section 903A.5(1) because the legislature did not contemplate significant extensions of the speedy trial deadline that occurred during the pandemic.  He further argues applying the statute as written, alongside the speedy trial extension, constituted a grossly disproportionate sentence.  OPINION HOLDS: We find no error in the district court’s conclusion it had no discretion in applying section 903A.5 to deny Wright credit.  We further find the resulting sentence was not grossly disproportionate to the offense and consequently did not constitute cruel and unusual punishment.

Case No. 21-1734:  State of Iowa v. Allix James Inez Betsinger

Filed Nov 17, 2022

View Opinion No. 21-1734

            Appeal from the Iowa District Court for Emmet County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (9 pages)

            Allix Betsinger appeals the denial of his motion to suppress evidence.  OPINION HOLDS: Because the initial evidence was not obtained in an illegal search and Betsinger has no standing to challenge the search of another person, we affirm.

Case No. 21-1759:  Scott Brown v. City of Red Oak

Filed Nov 17, 2022

View Opinion No. 21-1759

            Appeal from the Iowa District Court for Montgomery County, Jeffrey L. Larson, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Scott Brown appeals the district court’s denial of his motion for leave to amend his petition against the City of Red Oak.  He contends the proposed amendment would not substantially change the issues before the court or unfairly surprise the defendant.  OPINION HOLDS: Although a district court has broad discretion in deciding whether to grant leave to amend pleadings, we find that discretion was abused here.  Accordingly, we reverse the ruling of the district court and remand for further proceedings consistent with this opinion.

Case No. 21-1772:  State of Iowa v. Dustin Elliott Williams

Filed Nov 17, 2022

View Opinion No. 21-1772

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

            Dustin Williams appeals the denial of his Batson challenge following his convictions for possession of controlled substances.  See generally Batson v. Kentucky, 476 U.S. 79 (1986).  He contends the State struck a “multiracial” potential juror in violation of the Equal Protection Clause.  The State responds the prosecutor had a credible, race-neutral reason for the strike, and the district court correctly denied the challenge.  OPINION HOLDS: Relying on the perceptions of the district court, we also find the Batson challenge should be denied.   

Case No. 21-1825:  In re S.P.

Filed Nov 17, 2022

View Opinion No. 21-1825

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  ORDER VACATED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            S.P. appeals an order for involuntary hospitalization under Iowa Code chapter 229 (2021).  OPINION HOLDS: We conclude the involuntary hospitalization order is void for lack of service and must be vacated. 

Case No. 21-1847:  David Lee Hering v. State of Iowa

Filed Nov 17, 2022

View Opinion No. 21-1847

            Appeal from the Iowa District Court for Muscatine County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (10 pages)

            David Hering appeals the dismissal of his fourth application for postconviction relief.  He argues the court erred in dismissing his claims of ineffective assistance of counsel based on new grounds of law and his claim that his convictions are void on speedy-trial grounds.  OPINION HOLDS: We affirm the dismissal of Hering’s application for postconviction relief. 

Case No. 21-1913:  K.C. v. T.L.

Filed Nov 17, 2022

View Opinion No. 21-1913

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            T.L. appeals the imposition of a protective order for relief from sexual abuse entered under Iowa Code chapter 236A (2021).  OPINION HOLDS: I. Substantial evidence supports a finding that a preponderance of the evidence shows T.L. committed sexual abuse.  II. T.L. has not preserved error on his claim that the court erred by appointing the guardian ad litem who moved to quash the subpoena of the child victim.  There is no showing that the court abused its discretion in granting quashal based on the child’s intellectual disability and difficulty communicating and the parents’ concern about the child testifying in person.

Case No. 21-1934:  David Knaeble v. John Deere Dubuque Works

Filed Nov 17, 2022

View Opinion No. 21-1934

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            David Knaeble appeals from a district court order affirming the Iowa Workers’ Compensation Commission’s award of disability benefits, arguing the commissioner “grossly under compensate[ed]” him “for his successive injuries”; erred in applying the statutory credit provision; and erred in finding a combined industrial disability figure of thirty-five percent.  OPINION HOLDS: We affirm the district court’s order affirming the Iowa Workers’ Compensation Commission’s award of disability benefits to Knaeble.

Case No. 21-1952:  State of Iowa v. Dale Lee Spaulding

Filed Nov 17, 2022

View Opinion No. 21-1952

            Appeal from the Iowa District Court for Greene County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Dale Spaulding appeals his conviction for operating while intoxicated, in violation of Iowa Code section 321J.2(2)(a) (2020).  He alleges there was insufficient evidence to support a finding of intoxication or impairment.  OPINION HOLDS: Because the State presented sufficient evidence upon which a rational jury could find Spaulding guilty beyond a reasonable doubt, we affirm his conviction.

Case No. 21-1986:  In re Marriage of Beasley and Hikiji

Filed Nov 17, 2022

View Opinion No. 21-1986

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (19 pages)

            Thomas Beasley appeals a ruling modifying the legal custody and physical care provisions of the decree dissolving his marriage to Miyoko Hikiji.  He argues the court erred in failing to dismiss the petition to modify and abused its discretion in awarding trial attorney fees.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s decision in its entirety, and we award Miyoko appellate attorney fees in the amount of $2000.  Costs on appeal are taxed to Thomas. 

Case No. 22-0080:  In re the Marriage of Snyder

Filed Nov 17, 2022

View Opinion No. 22-0080

            Appeal from the Iowa District Court for Ida County, Jeffery L. Poulson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Greer, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (10 pages)

            Jodi Snyder appeals from the decree dissolving her marriage to Adam Snyder.  She argues Adam dissipated assets, the district court should have awarded her trial attorney fees and seeks appellate attorney fees.  Adam also requests appellate attorney fees.  OPINION HOLDS: Adam dissipated marital net worth by incurring additional unexplained credit card debit after the parties separated.  As a result, we modify the decree’s equalization award to Jodi.  The district court did not abuse its discretion in denying Jodi’s request for attorney fees.  We deny Adam’s request for appellate attorney fees.  We award Jodi one-third of her reasonable and necessary appellate attorney fees and remand to the district court to determine that amount.

Case No. 22-0127:  Leann Faye Werts v. Iowa Board of Parole

Filed Nov 17, 2022

View Opinion No. 22-0127

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (10 pages)

            Leann Faye Werts challenges the Iowa Board of Parole’s (Board) denial of her conditional release based only on the seriousness of her twenty-year-old offenses.  She contends the Board’s reason is contrary to the statutory mandate that release “shall be ordered” when “there is reasonable probability that the person . . . . is able and willing to fulfill the obligations of a law-abiding citizen.”  Iowa Code § 906.4 (2021).  She maintains the Board’s denial here was contrary to law, “and given the factual record, simply irrational and illogical.”  OPINION HOLDS:  The Board’s decision denying petitioner conditional release was within its discretion as provided in section 906.4.  We affirm the district court’s finding the Board did not prejudice Werts’s substantial rights in denying release. 

Case No. 22-0181:  State of Iowa v. Enoc Alvarenga

Filed Nov 17, 2022

View Opinion No. 22-0181

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

            Enoc Alvarenga appeals his convictions for enticing a minor and indecent contact with a child, contending the district court abused its discretion in denying his motion in limine to exclude evidence of his arrest and imposing consecutive sentences.  OPINION HOLDS: We hold that the district court did not abuse its discretion in admitting evidence of Alvarenga’s arrest and in imposing consecutive sentences.

Case No. 22-0221:  In re Marriage of Banister

Filed Nov 17, 2022

View Opinion No. 22-0221

            Appeal from the Iowa District Court for Lyon County, Shane Mayer, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (21 pages)

            Heather Banister appeals the decree dissolving her marriage to Shaun Banister.  She argues the court erred in awarding the parties joint physical care of their three children, inequitably divided the marital estate, and abused its discretion in denying her request for an award of attorney fees.  Heather also requests an award of appellate attorney fees.  OPINION HOLDS: We modify the dissolution decree to place the parties’ children in Heather’s physical care and remand to establish Shaun’s parenting schedule and child-support obligation.  We also modify the property distribution, which results in an increase of Shaun’s total equalization payment to $12,745.49.  With equitable treatment of the parties’ attorney-fee liabilities, we affirm the denial of trial attorney fees to Heather.  We also deny Heather’s request for appellate attorney fees, but we assess the costs of the appeal against Shaun.

Case No. 22-0267:  State of Iowa v. Nathaniel Scott Pearce

Filed Nov 17, 2022

View Opinion No. 22-0267

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (6 pages)

            Nathaniel Pearce pled guilty to two counts of sexual abuse in the second degree and was later sentenced to two consecutive twenty-five-year terms of imprisonment.  Pearce argues the district court did not provide adequate reasons to explain why it imposed consecutive sentences and the court placed too much weight on the nature of the offenses in deciding the appropriate sentences.  OPINION HOLDS: We find no abuse of discretion and affirm. 

Case No. 22-0278:  State of Iowa v. Adam Michael Bowen

Filed Nov 17, 2022

View Opinion No. 22-0278

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (7 pages)

            Adam Bowen appeals the disposition of his probation-revocation proceedings.  He argues the court considered an improper factor when it adjudicated him guilty and sentenced him to prison following revocation of his probation and deferred judgment.  OPINION HOLDS: We agree with Bowen that the court considered an improper factor when it considered timing of parole when fashioning a sentence for Bowen.  The probation violations remain undisturbed and conclusively established, as Bowen did not challenge them.  We reverse the revocation of Bowen’s deferred judgment, the adjudication of guilt, and the sentence imposed.  We remand to the district court to fashion an appropriate consequence within the authorized range of choices provided in Iowa Code section 908.11(4) (2021).

Case No. 22-0304:  In re Marriage of Makela

Filed Nov 17, 2022

View Opinion No. 22-0304

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

            Stephanie Makela appeals the district court’s order on Wayne Makela’s petition to modify the parties’ dissolution decree.  OPINION HOLDS: Because the district court’s award of less than equal custodial rights to Wayne meant that Stephanie retained her rights as sole legal custodian of the children, we modify the determination that there was a substantial change of circumstances warranting modification of the legal custodial relationship.  We affirm the district court’s conclusion that there was a substantial change of circumstances warranting a modification of the visitation provision of the decree, and we affirm all portions of the plan except the overnight visits.  We modify the decree to eliminate those visits.

Case No. 22-0344:  State of Iowa v. Joshua Dean Green

Filed Nov 17, 2022

View Opinion No. 22-0344

            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 Badding, J.  (5 pages)

            Joshua Green appeals the consecutive sentences imposed on his convictions for multiple crimes, claiming the district court sentenced him to prison “without due consideration of mitigating factors.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed.

Case No. 22-0441:  Shawn Michael Plucar v. Tiffany Grafton

Filed Nov 17, 2022

View Opinion No. 22-0441

            Appeal from the Iowa District Court for Linn County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Shawn Plucar appeals the district court’s order denying his application for rule to show cause requesting that Tiffany Grafton be held in contempt.  OPINION HOLDS: We conclude the district court did not grossly abuse its discretion in declining to find Grafton in contempt, and we affirm the court’s denial of the application for rule to show cause.  

Case No. 22-0512:  State of Iowa v. Bennie Lee Cunningham

Filed Nov 17, 2022

View Opinion No. 22-0512

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            Bennie Cunningham appeals following his guilty plea arguing the district court abused its sentence when it sentenced him to a five-year indeterminate term of incarceration.  OPINION HOLDS: Because the district court did not suspend Cunningham’s sentence, it was obligated to sentence him to an indeterminate term of five-years under Iowa Code section 902.9(1)(e) (2021).

Case No. 22-0644:  State of Iowa v. Steven James Hayden

Filed Nov 17, 2022

View Opinion No. 22-0644

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

            Steven James Hayden appeals his conviction and sentence after he pleaded guilty to several charges.  OPINION HOLDS: Hayden failed to file a motion in arrest of judgment and thus cannot challenge his guilty pleas.  Finding no abuse of the court’s sentencing discretion, we affirm.

Case No. 22-0767:  State of Iowa v. Jeffrey Blake Palmer

Filed Nov 17, 2022

View Opinion No. 22-0767

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            Jeffrey Palmer appeals the fines imposed as part of his sentence.  OPINION HOLDS: We affirm.

Case No. 22-0874:  Tyler M. Gould v. Wendy L. Alderin

Filed Nov 17, 2022

View Opinion No. 22-0874

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            This appeal concerns the narrow issue of where the parties’ minor child, E.G., should attend school.  Wendy Alderin wishes for the child to attend school in Illinois where she resides.  The district court determined that E.G. should attend school in Iowa where his father, Tyler Gould, resides.  OPINION HOLDS: While both school districts present strong opportunities to serve E.G.’s best interest, we affirm the court’s decision that E.G. should be enrolled in the Davenport Community School District.

Case No. 22-0919:  In the Matter of D.R., Alleged to Be Seriously Mentally Impaired

Filed Nov 17, 2022

View Opinion No. 22-0919

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            D.R. appeals his involuntary commitment as a person who is seriously mentally impaired.  OPINION HOLDS: We find the district court did not err in finding D.R. seriously mentally impaired.

Case No. 22-1153:  In the Interest of E.H. and G.F., Minor Children

Filed Nov 17, 2022

View Opinion No. 22-1153

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

            A mother appeals the termination of her parental rights to two children, contending (1) the State failed to prove the children “could not be returned to [her] custody at the time of the termination hearing”; (2) the department of health and human services failed to make “reasonable efforts to reunify [her] with her child[ren]”; and (3) termination was not in the children’s best interests “due to the closeness of the parent-child relationship” and because a guardianship “would allow the child[ren] to be placed in a safe and stable environment while also preserving the child[ren]’s close bond with [her].”  OPINION HOLDS: We affirm the district court’s decision to terminate the mother’s parental rights to the two children.

Case No. 22-1166:  In the Interest of N.L., Minor Child

Filed Nov 17, 2022

View Opinion No. 22-1166

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

            A mother appeals the termination of her parental rights to a two-year-old child.  She challenges the statutory ground for termination, requests additional time, and argues termination is not in the child’s best interests.  She also contends the juvenile court’s denial of her motion to continue the termination hearing was an abuse of discretion.  OPINION HOLDS: We disagree that the court abused its discretion in denying a continuance.  We also find the termination ground was supported, additional time was unwarranted, and termination is in the child’s best interests.  So we affirm.

Case No. 22-1167:  In the Interest of K.A., C.A., and A.A., Minor Children

Filed Nov 17, 2022

View Opinion No. 22-1167

            Appeal from the Iowa District Court for Winnebago County, Karen Kaufman Salic, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the removal of children from her custody in child-in-need-of-assistance proceedings.  OPINION HOLDS: We dismiss the mother’s claims regarding removal of the children because the issue is now moot.

Case No. 22-1171:  In the Interest of S.C., F.C., M.C., A.C., and M.C., Minor Children

Filed Nov 17, 2022

View Opinion No. 22-1171

            Appeal from the Iowa District Court for Buena Vista County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (10 pages)

            A mother appeals the termination of her parental rights.  She argues the State failed to offer clear and convincing evidence that her parental rights should be terminated under statutory grounds.  She also contends that termination was not in her children’s best interest and the district court should have extended her deadline for reunification.  OPINION HOLDS: We agree with the findings of the juvenile court.  Because of the mother’s substance abuse and decision to hide her recent use from providers, we find statutory grounds satisfied.  These safety concerns for the children outweigh the disadvantages of terminating the parent-child relationships, and no specific reasons exist to believe such concerns will be remedied within six months.  So we affirm.

Case No. 22-1290:  In the Interest J.H. and J.H., Minor Child

Filed Nov 17, 2022

View Opinion No. 22-1290

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights.  Both argue the State failed to prove the ground for termination, termination is not in the children’s best interests, and the juvenile court should have avoided termination via a permissive exception.  The mother also asserts the juvenile court should have granted her a six-month extension.  OPINION HOLDS: On our de novo review, we find the State established the ground for termination as to both parents, the children’s best interests are served by termination, and the requested permissive exception to termination does not apply.  We also find an additional six-months for the mother to work toward reunification is not warranted.   

Case No. 22-1427:  In the Interest of R.S. and J.S., Minor Children

Filed Nov 17, 2022

View Opinion No. 22-1427

            Appeal from the Iowa District Court for Benton County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: On our de novo review, we find a ground for termination has been established and termination is in the children’s best interests.  We affirm.

Case No. 22-1429:  In the Interest of A.M.-G. and A.M., Minor Children

Filed Nov 17, 2022

View Opinion No. 22-1429

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

            A mother appeals the termination of her parental rights.  She claims termination is not in the best interests of the children and asks for a six-month extension.  OPINION HOLDS:  Termination is in the children’s best interests.  Additionally, a six-month extension in not warranted.  We affirm.

Case No. 22-1443:  In the Interest of A.C. and A.F.C., Minor Children

Filed Nov 17, 2022

View Opinion No. 22-1443

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

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds for termination as to her older child and requests additional time to work toward reunification with the child.  As to her younger child, the mother argues if we reverse the termination of the older child, then we should also reverse as to the younger child to keep them together.  OPINION HOLDS: The statutory grounds authorizing termination of the mother’s parental rights to the older child are met, and we deny the mother’s request for additional time to work toward reunification.  As to the younger child, a condition of the mother’s argument is not met because we affirm the termination of the mother’s rights to the older child. 

Case No. 22-1455:  In the Interest of D.S., Minor Child

Filed Nov 17, 2022

View Opinion No. 22-1455

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because more time would not change the outcome of the proceedings, the statutory requirements for termination have been met, and termination is in the child’s best interests, we affirm.

Case No. 22-1466:  In the Interest of M.O., Minor Child

Filed Nov 17, 2022

View Opinion No. 22-1466

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

            A father appeals the termination of his parental rights to his child, contending termination is contrary to the child’s best interests.  OPINION HOLDS: Finding termination is in the child’s best interests, we affirm the decision of the juvenile court. 

Case No. 22-1496:  In the Interest of A.H., Minor Child

Filed Nov 17, 2022

View Opinion No. 22-1496

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (3 pages)

            A mother appeals the termination of her parental rights, asserting termination is not in the child’s best interests.  OPINION HOLDS: On our de novo review, we affirm.

Case No. 22-1595:  In the Interest of R.M., Minor Child

Filed Nov 17, 2022

View Opinion No. 22-1595

            Appeal from the Iowa District Court for Monona County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (6 pages)

                The father appeals the termination of his parental rights to R.M., who was born in 2020.  The father challenges the grounds for termination, argues the loss of his rights is not in the child’s best interests, and maintains he should be given additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights under Iowa Code section 232.116(1)(h) (2022). 

Case No. 20-1224:  Mayual M. Anyuon v. State of Iowa

Filed Nov 02, 2022

View Opinion No. 20-1224

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Vaitheswaran, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Mayual Anyuon appeals the district court’s grant of summary disposition to the State on his application for postconviction relief.  OPINION HOLDS: Anyuon claims he received ineffective assistance because defense counsel did not adequately explain the immigration consequences of his guilty plea.  We determine there is a genuine issue of material fact on this issue and conclude summary disposition was inappropriate.  We reverse the decision of the district court and remand for further proceedings.

Case No. 20-1456:  State of Iowa v. Emmanuel E. Spann

Filed Nov 02, 2022

View Opinion No. 20-1456

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Carr, S.J.  Opinion by Carr, S.J.  (18 pages)

            Emmanuel Spann appeals his conviction for first-degree murder based on a theory of aiding and abetting.  Spann claims the district court erred in admitting certain evidence, his conviction was not supported by substantial evidence, and the court should have granted his motion for new trial.  OPINION HOLDS: After considering all of the issues raised by Spann in this appeal, we affirm his conviction.

Case No. 21-0012:  Danny Ray Long v. State of Iowa

Filed Nov 02, 2022

View Opinion No. 21-0012

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            Danny Long appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We affirm the dismissal of Long’s third postconviction-relief application.

Case No. 21-0247:  State of Iowa v. Chad Michael Vice

Filed Nov 02, 2022

View Opinion No. 21-0247

            Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (17 pages)

            Chad Vice appeals his conviction for first-degree burglary and assault while participating in a felony.  He challenges the sufficiency of the evidence identifying him as the culprit.  He also argues the district court erred in admitting hearsay testimony from an investigating officer.  OPINION HOLDS: Because the evidence was sufficient and the improper admission of hearsay was not prejudicial, we affirm.

Case No. 21-0555:  Community 1st Credit Union v. Hart

Filed Nov 02, 2022

View Opinion No. 21-0555

            Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Jonathan Hart appeals from the district court order rejecting his request to set aside the sheriff’s sale in a foreclosure action.  OPINION HOLDS: We find Hart suffered no prejudice from the absence of a recorded sheriff’s deed and no statutory authority exists to set aside the sheriff’s sale.

Case No. 21-0592:  Mayual Mike Anyuon v. State of Iowa

Filed Nov 02, 2022

View Opinion No. 21-0592

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Mayual Anyuon appeals the district court decision denying his application for postconviction relief.  OPINION HOLDS: We conclude the district court did not err in its conclusion that Anyuon’s petition for postconviction relief was barred by the three-year statute of limitations in Iowa Code section 822.3 (2018).  We affirm the district court’s decision granting summary disposition to the State.

Case No. 21-0803:  State of Iowa v. Shane Wayne Michael

Filed Nov 02, 2022

View Opinion No. 21-0803

            Appeal from the Iowa District Court for Polk County, David Porter (Trial) and Joseph Seidlin (Motion to Continue), Judges.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (12 pages)

            Shane Michael appeals his conviction for willful injury causing serious injury.  He claims (1) the district court abused its discretion in denying his motion to continue trial; (2) the court erred by concluding an exception to the hearsay bar did not apply to certain proposed evidence; (3) there is insufficient evidence that he intended to cause serious injury or that he caused serious injury; and (4) he should have been granted a new trial because the greater weight of the evidence supports his claim that he acted in self-defense.  OPINION HOLDS: The court did not abuse its discretion when it denied Michael’s motion to continue trial.  No exception to the hearsay bar applied to the proposed evidence.  Michael’s conviction is supported by substantial evidence.  And the district court did not abuse its discretion when it denied Michael’s motion for new trial.

Case No. 21-0923:  State of Iowa v. Zackery Nelson Bassett

Filed Nov 02, 2022

View Opinion No. 21-0923

            Appeal from the Iowa District Court for Hamilton County, Amy M. Moore, Judge (Trial), James A. McGlynn, Judge (Motions).  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (30 pages)

            Zackery Bassett appeals his conviction for second-degree murder.  He claims the district court improperly admitted prior-bad-acts evidence, statements Bassett gave police prior to receiving Miranda warnings, testimony from sheriff’s deputies about statements the victim gave them following a separate incident of domestic violence, and testimony from the medical examiner that exceeded the scope of expert testimony.  He also claims the court should have granted a mistrial following testimony from a witness.  Further, he contests the sufficiency of the evidence for his conviction.  And he requests a new trial based on juror misconduct.  OPINION HOLDS: Finding no error by the district court, we affirm. 

Case No. 21-0988:  Brody Wesley Walker v. State of Iowa

Filed Nov 02, 2022

View Opinion No. 21-0988

            Appeal from the Iowa District Court for Webster County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Tabor, J.  (8 pages)

            Brody Walker appeals the denial of his action for postconviction relief.  He contends his sentences for theft and robbery violate double jeopardy.  He also claims trial counsel was ineffective in both the pre-trial investigation and plea hearing stages.  OPINION HOLDS: Because robbery and theft are not the same offense for double jeopardy and trial counsel performed competently, we affirm.

Case No. 21-1024:  State of Iowa v. Datron Armondo Simmons, Sr.

Filed Nov 02, 2022

View Opinion No. 21-1024

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Vaitheswaran, P.J.  (11 pages)

            Datron Simmons appeals his conviction for second-degree murder, challenging (I) the sufficiency of the evidence supporting the jury’s finding of guilt; (II) the denial of his objection to the State’s exercise of a peremptory strike of a potential juror; (III) the admission of hearsay evidence; and (IV) the admission of evidence concerning a prior conviction for domestic abuse assault.  OPINION HOLDS: We affirm the jury’s finding of guilt and Simmons’ judgment and sentence for second-degree murder.

Case No. 21-1105:  Brandi Fipps v. Progressive Universal Insurance Company

Filed Nov 02, 2022

View Opinion No. 21-1105

            Appeal from the Iowa District Court for Harrison County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Brandi Fipps appeals from a grant of summary judgment dismissing her action against Progressive Universal Insurance Company (Progressive).  She argues Iowa Code section 516A.1 (2017) requires Progressive to provide her with underinsured motorist coverage because a new policy was created when she replaced the vehicle covered under an insurance policy issued by Progressive and she did not waive such coverage at the time she replaced the vehicle.  OPINION HOLDS: A new policy was not created when Fipps replaced the vehicle, so a second waiver was not required.  Accordingly, the district court correctly granted summary judgment in favor of Progressive.

Case No. 21-1186:  State of Iowa v. Marshall Louis Field

Filed Nov 02, 2022

View Opinion No. 21-1186

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            Marshall Louis Field appeals his guilty pleas based on an alleged defect in his plea proceedings.  He asserts the district court failed to engage in a sufficient plea colloquy, which violated his constitutional rights.  OPINION HOLDS: Being without jurisdiction, we dismiss the appeal. 

Case No. 21-1213:  In the Matter of the Estate of Helen M. Halter, Deceased.

Filed Nov 02, 2022

View Opinion No. 21-1213

            Appeal from the Iowa District Court for Jasper County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Kim Barber appeals a district court determination that bank accounts of a decedent are the sole property of the estate, arguing the court erred in concluding she failed to meet her burden to rebut a presumption of undue influence.  OPINION HOLDS: We agree with the district court that Barber failed to meet her burden to rebut the presumption of undue influence.  As a result, we affirm the decision of the district court.

Case No. 21-1293:  Justeena Wolodkewitsch v. TPI Iowa, LLC, TPI Composites, Inc., Ryan Hoenicke, Cleo Boyd, Terry Van Huysen, Occupational Medicine Plus, P.C. and Daniel Miller

Filed Nov 02, 2022

View Opinion No. 21-1293

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Vaitheswaran, P.J.  (8 pages)

            An employee appeals the district court’s granting of summary judgment in favor of her former employer and others in a suit arising out of her employment.  OPINION HOLDS: We affirm the district court’s judgments on all counts.

Case No. 21-1391:  Euric Abray Fountain v. State of Iowa

Filed Nov 02, 2022

View Opinion No. 21-1391

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Bower, C.J., Badding, J., and Potterfield, S.J.   Opinion by Badding, J.  (24 pages)

            Euric Fountain appeals the district court’s grant of the State’s motion for summary disposition on his application for postconviction relief.  He argues the court applied the wrong legal standard in determining whether his application was exempted from the statute of limitations.  He also argues summary disposition was improper because genuine issues of material fact remain and preclude the State’s entitlement to judgment as a matter of law.  Lastly, he argues the court “failed to analyze the effect of the new evidence on the evidence at trial,” which seems to be a claim that the new evidence probably would have changed the result of the trial.  OPINION HOLDS: We affirm the entry of summary disposition and conclude, based on the undisputed facts, that Fountain cannot show the recantation evidence is material and probably would have changed the outcome of the criminal trial as required for a newly-discovered-evidence claim under Iowa Code section 822.2(1)(d) (2017).

Case No. 21-1520:  State of Iowa v. Cory Jarrett Brackin

Filed Nov 02, 2022

View Opinion No. 21-1520

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Tabor, J.  (5 pages)

            Cory Brackin appeals his conviction for eluding in excess of twenty-five miles per hour over the speed limit.  He contends the State failed to offer substantial evidence that he drove faster than fifty miles per hour in a twenty-five-mile-per-hour zone after the pursuing officer turned on both his lights and siren.  OPINION HOLDS: Because the jury was entitled to believe the officer’s testimony that he could gauge Brackin’s speed, we affirm its verdict.

Case No. 21-1713:  State of Iowa v. James Jonathan Ryan

Filed Nov 02, 2022

View Opinion No. 21-1713

            Appeal from the Iowa District Court for Hardin County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (6 pages)

            A defendant appeals his conviction for possession of methamphetamine with intent to deliver.  OPINION HOLDS:  We find substantial evidence supports the conviction.  We affirm. 

Case No. 21-1730:  State of Iowa v. Ricky Dwayne Nebinger, Jr.

Filed Nov 02, 2022

View Opinion No. 21-1730

            Appeal from the Iowa District Court for Muscatine County, Tamra Roberts, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            Ricky Nebinger Jr. appeals his conviction for operating a motor vehicle without owner’s consent following his guilty plea.  OPINION HOLDS: Nebinger has not established good cause to appeal as a matter of right.  We deny Nebinger’s application for discretionary review because he does not seek review from an “order raising a question of law important to the judiciary and the profession” as required by Iowa Code section 814.6(2)(e) (2021).

Case No. 21-1828:  State of Iowa v. Briana Nicole Jenkins

Filed Nov 02, 2022

View Opinion No. 21-1828

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, Brendan E. Greiner, and Gregory D. Brandt, District Associate Judges.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            After being charged with five counts of violation of a custodial order, Briana Jenkins signed and filed a petition to plead guilty in April 2021.  She agreed to plead guilty to one of the counts and enter an Alford plea to another in exchange for dismissing the three other counts and certain sentencing terms.  Now, Jenkins challenges the sentencing process following acceptance of the plea agreement and argues the convictions should be vacated so she can withdraw her guilty pleas.  Her focus is on the sentencing process and whether it followed the mandatory parameters of Iowa Rule of Criminal Procedure 2.10.  OPINION HOLDS: Jenkins has no remedy because she got what she bargained for and she has not established good cause to appeal.  Without good cause, we lack jurisdiction.

Case No. 22-0038:  William Lee Pitz and Lynn S. Pitz v. United States Cellular Operating Company of Dubuque

Filed Nov 02, 2022

View Opinion No. 22-0038

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED ON BOTH APPEALS.  Heard by Schumacher, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            William and Lynn Pitz (the Pitzes) appeal the ruling on their petition for declaratory judgment.  The Pitzes claim the district court erred in determining there was a valid contract between the parties and they are entitled to attorney fees.  United States Cellular Operating Company of Dubuque (US Cellular) cross-appeals the denial of its request for attorney fees.  OPINION HOLDS: There is a valid contract between the parties because (1) the relevant renewal provision of an expiring lease did not require payment as a condition precedent to renew and (2) the renewal notice sufficiently identified the party seeking to renew the contract, so the Pitzes knew US Cellular was exercising the renewal option.  Neither party may recover attorney fees.

Case No. 22-0096:  Kelli Ann Willman v. James Ellerbach

Filed Nov 02, 2022

View Opinion No. 22-0096

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            James Ellerbach appeals a district court order directing him to provide Kelli Willman with the proceeds of a life insurance policy after he retained the value of outstanding loans.  He claims written contracts and oral agreements entitle him to the full value of the life insurance policy.  OPINION HOLDS: We find the district court properly found Ellerbach was entitled to the amount of outstanding debt secured by the life insurance policy rather than the entire proceeds.  The court also correctly calculated the sum of outstanding debt.  We affirm. 

Case No. 22-0195:  Donald D. Brinkley and Judith D. Brinkley v. City of Milford Zoning Board of Adjustment

Filed Nov 02, 2022

View Opinion No. 22-0195

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (11 pages)

            Donald and Judith Brinkley appeal the annulment of their writ of certiorari challenging the decision of the City of Milford Zoning Board of Adjustment to grant a special use permit to the Okoboji Community School District (OCSD) for a construction project adjacent to the Brinkleys’ property.  In short, the Brinkleys argue the Board illegally granted the permit after OCSD failed to plant and maintain a vegetative fence or screen along the edge of their property, as required by an earlier Board decision.  OPINION HOLDS: The Board’s decision is supported by substantial evidence and was not illegal, unreasonable, arbitrary, or capricious. 

Case No. 22-0219:  State of Iowa v. Jacob Ross Huney

Filed Nov 02, 2022

View Opinion No. 22-0219

            Appeal from the Iowa District Court for Madison County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Jacob Huney appeals his sentence following his guilty plea to lascivious acts with a child and child endangerment.  OPINION HOLDS: We discern no abuse of discretion in the court’s sentencing decision, and we affirm Huney’s sentence.

Case No. 22-0292:  In re the Marriage of Aguilera and Lopez

Filed Nov 02, 2022

View Opinion No. 22-0292

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Tabor, J.  (15 pages)

            A former husband contends he should not have to pay alimony and claims the district court erred in ordering him to pay for his former wife’s future foot surgery.  He also challenges the court’s determination of the wife’s earning capacity for purposes of child support and the children’s uncovered medical costs.  And he contests the order for repayment of past-due child support.  Finally, he contests attorney fees while the former wife requests appellate attorney fees.  OPINION HOLDS: Upon our de novo review, we strike the provisions of the decree addressing the husband’s obligation to pay for the wife’s surgery and the repayment plan for her past-due child support.  We also remand for the district court to recalculate the wife’s child support payments and her responsibility for the children’s uncovered medical costs.  We affirm the amount of trial attorney fees, but modify the method of payment.  We decline to award appellate attorney fees.

Case No. 22-0363:  In the Matter of P.K.

Filed Nov 02, 2022

View Opinion No. 22-0363

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

            The respondent, P.K., appeals the district court’s decision finding he continued to be seriously mentally impaired.  P.K. conceded that he had a mental illness.  P.K. asserts that he has sufficient judgment to make responsible decisions in regard to treatment.  He also asserts that the evidence does not show that if he were allowed to remain at liberty, he would be likely to inflict injury on himself or others.  OPINION HOLDS: We find the court’s decision is supported by substantial evidence and P.K. is seriously mentally impaired.

Case No. 22-0594:  Ahmed Ala Hussin Ali Alibrahimy v. Kasondra Lee Massengale

Filed Nov 02, 2022

View Opinion No. 22-0594

            Appeal from the Iowa District Court for Hardin County, Jennifer Miller, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Kasondra Massengale appeals the district court order awarding her and Ahmed Alibrahimy joint physical care of their two children.  OPINION HOLDS: We modify the district court’s order to give Kasondra physical care of the children and set a visitation schedule for Ahmed.  We remand for calculation of the child-support obligation based on the change in physical care. 

Case No. 22-0689:  In the Interest of R.V., C.V., T.V., and J.V., Minor Children

Filed Nov 02, 2022

View Opinion No. 22-0689

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (14 pages)

            A mother and guardian ad litem appeal the denial of the mother’s petition to terminate a father’s parental rights under Iowa Code chapter 600A (2021).  The father requests an award of appellate attorney fees.  OPINION HOLDS: Because we find termination of the father’s parental rights is in these children’s best interests, we reverse the juvenile court’s denial of the mother’s termination petition and remand for entry of an order consistent with this opinion.  We deny the father’s request for appellate attorney fees.

Case No. 22-0758:  Katie Ann Hiatt v. Jeremy Scott Hiatt

Filed Nov 02, 2022

View Opinion No. 22-0758

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Jeremy Hiatt appeals the physical care and spousal support provisions of the parties’ dissolution decree.  Katie Hiatt requests attorney fees for this appeal.  OPINION HOLDS: We affirm the district court’s decision placing the children in Katie’s physical care and ordering Jeremy to pay $500 per month for sixty months in spousal support.  We determine Jeremy should pay Katie’s appellate attorney fees.

Case No. 22-0807:  In the Interest of J.D., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-0807

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            The father of J.D. appeals the district court’s denial of his petition to terminate the mother’s parental rights under Iowa Code chapter 600A (2021).  OPINION HOLDS: Both the statutory grounds for abandonment and the child’s best interests support terminating the mother’s parental rights.  Accordingly, we reverse the district court’s denial of the termination petition and remand for entry of an order consistent with this opinion.

Case No. 22-1104:  In the Interest of J.J., A.M., and T.T., Minor Children

Filed Nov 02, 2022

View Opinion No. 22-1104

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

            Two fathers, C.M. and T.T., separately appeal the termination of their parental rights.  C.M. asserts he should have been granted a six-month extension, while T.T. asserts the State failed to prove the statutory grounds for termination.  OPINION HOLDS: Because C.M. has not demonstrated a six-month extension would have remedied the concerns preventing reunification, and because the State satisfied the statutory grounds for termination as to T.T., we affirm on both appeals. 

Case No. 22-1121:  In the Interest of A.A. and S.A., Minor Children

Filed Nov 02, 2022

View Opinion No. 22-1121

            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 Ahlers, JJ.  Opinion by Tabor, J.  Special Concurrence by Ahlers, J.  (12 pages)

            A mother appeals a permanency order placing guardianship of her two children with an aunt.  She argues the juvenile court abused its discretion in not admitting a report from a privately done hair test.  She also challenges the court’s denial of her request for six more months to reunify with her children.  OPINION HOLDS: Because the mother failed to lay a proper foundation for the test, the court did not abuse its discretion.  Further, we agree with the court that a guardianship is in the children’s best interests.  We affirm.  SPECIAL CONCURRENCE ASSERTS: I agree with and join the majority opinion.  I write separately to highlight how the juvenile court's thorough, articulate, and focused ruling was instrumental in convincing me that the unique circumstances of this case call for establishment of a guardianship despite the young ages of the children.

Case No. 22-1177:  In the Interest of A.P. and S.P., Minor Children

Filed Nov 02, 2022

View Opinion No. 22-1177

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to two children, A.P. and S.P.  Both parents maintain reasonable efforts were not provided, termination is not in the best interests of the children, and an extension should have been granted.  The father also contends the statutory grounds are unsatisfied, an exception should be granted due to relative placement, and a guardianship should have been considered.  OPINION HOLDS: Upon our de novo review, we affirm termination of both the mother’s and father’s parental rights to both children.

Case No. 22-1189:  In the Interest of K.M., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1189

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  We find the purported bond between the mother and child is insufficient to preclude termination.  Additionally, a six-month extension of time would not rectify the need for the child to be removed from the home.  Accordingly, we affirm. 

Case No. 22-1237:  In the Interest of A.M., I.M., and T.L., Minor Children

Filed Nov 02, 2022

View Opinion No. 22-1237

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

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: We find clear and convincing evidence supports termination of the mother’s parental rights.  We affirm. 

Case No. 22-1279:  In the Interest of J.L. and R.L., Minor Children

Filed Nov 02, 2022

View Opinion No. 22-1279

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            The father appeals the termination of his parental rights to J.L. and R.L.  He challenges the juvenile court’s findings that (1) the children could not be returned to him at the present time without risk of adjudicatory harm and (2) termination of his rights is in the best interests of the children.  OPINION HOLDS: We affirm.

Case No. 22-1346:  In the Interest of R.B., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1346

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (8 pages)

The mother appeals the juvenile court ruling granting the State’s request to waive reasonable efforts to reunify the mother with R.B. under Iowa Code section 232.102(12)(c) (2022).  OPINION HOLDS: Because we find clear and convincing evidence of aggravated circumstances based upon the mother’s history and her demonstrated lack of commitment to her parental role, we affirm the juvenile court’s waiver of the reasonable-efforts requirement.

Case No. 22-1374:  In the Interest of N.C., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1374

            Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (3 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the mother only challenges one of the three statutory grounds for termination found by the juvenile court, we affirm termination of her rights under the two unchallenged grounds.

Case No. 22-1378:  In the Interest of T.L., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1378

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

            A mother appeals the order terminating parental rights to her child.  OPINION HOLDS: Because additional time will not eliminate the need for the child’s removal, we deny the mother’s request to defer permanency for six months.

Case No. 22-1382:  In the Interest of C.R., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1382

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

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: We affirm termination under section 232.116(1)(l) (2022).  Because delaying the child’s permanency for six months would not eliminate the need for the child’s removal, we decline to extend the time for permanency under section 232.104(2)(b).  Finally, section 232.116(3)(c) does not provide grounds for preserving the parent-child relationship.  We affirm the termination order.

Case No. 22-1433:  In the Interest of P.R., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1433

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            A father imprisoned on drug charges appeals the termination of his parental rights to his child—born in May 2021—under Iowa Code section 232.116(1)(b), (e), (h), and (i) (2022).  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

Case No. 22-1469:  In the Interest of A.B., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1469

            Appeal from the Iowa District Court for Dickinson County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the juvenile court’s order of permanency in this child-in-need-of-assistance proceeding.  She contends the court should have granted her an additional six months to reunify with her child and disagrees with the court’s finding a transfer of custody to the father is in the child’s best interests.  OPINION HOLDS: On our de novo review, we concur in the juvenile court’s findings and conclusions.  We affirm.

Case No. 22-1484:  In the Interest of M.M., Minor Child

Filed Nov 02, 2022

View Opinion No. 22-1484

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            The juvenile court terminated the mother’s rights to M.M.—born in 2017—under Iowa Code section 232.116(1)(d), (f), (i), and (l) (2022).  The mother appeals, challenging each of the statutory grounds for termination, asserting the loss of her rights is not in the child’s best interests, and urging us to apply an exception to termination to save the parent-child relationship.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to M.M. under section 232.116(1)(f). 

Case No. 20-1653:  Francisco Villa Magana v. State of Iowa

Filed Oct 19, 2022

View Opinion No. 20-1653

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Tabor, J.  (13 pages)

            A postconviction-relief applicant appeals the dismissal of his actual-innocence claim.  OPINION HOLDS: The court did not comply with the requirements of Iowa Code section 822.6(2) (2017) in dismissing the applicant’s claims.  We reverse and remand for further proceedings. 

Case No. 21-0060:  State of Iowa v. Luis Ramon Cruz Ayabarreno

Filed Oct 19, 2022

View Opinion No. 21-0060

            Appeal from the Iowa District Court for Hancock County, Dedra L. Schroeder, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Luis Ayabarreno appeals from the district court’s order correcting his sentence, arguing “[i]mposition of a 70% mandatory minimum in the resentencing order violated [his] right to due process and double jeopardy” and “[t]he district court should have considered a mandatory minimum between one-half and seven-tenths of the total sentence.”  OPINION HOLDS: We conclude the district court did not err in correcting the illegal sentence. 

Case No. 21-0618:  Estate of Henkelman v. Bean

Filed Oct 19, 2022

View Opinion No. 21-0618

            Appeal from the Iowa District Court for Warren County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. Partial dissent by Ahlers, P.J.  (24 pages)

            Plaintiffs appeal from an adverse jury verdict in a negligence action. OPINION HOLDS: We find the district court erred in instructing the jury on both comparative fault and assumption of risk to the prejudice of the estate.  We accordingly reverse and remand for a new trial.  PARTIAL DISSENT ASSERTS: I dissent in part because, following my review of the jury instructions, I do not believe the district court instructed the jury on both comparative fault and assumption of risk as separate defenses.  Instead, I believe assumption of risk was presented as a way in which the decedent was at fault within the concept of comparative fault. Accordingly, I believe the jury was properly instructed and would affirm.

Case No. 21-0648:  James Anthony Olds v. State of Iowa

Filed Oct 19, 2022

View Opinion No. 21-0648

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (15 pages)

            James Olds appeals the denial of his application for postconviction relief, alleging his trial counsel was ineffective in several respects.  OPINION HOLDS: Trial counsel provided effective assistance in all respects alleged by Olds, so Olds is not entitled to relief.

Case No. 21-0697:  Seth Adam Babcock v. State of Iowa

Filed Oct 19, 2022

View Opinion No. 21-0697

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Seth Babcock appeals the denial of his application for postconviction relief.  OPINION HOLDS: Babcock failed to carry his burden to prove actual innocence or his trial counsel provided ineffective assistance for failing to investigate his brother.

Case No. 21-0715:  State of Iowa v. Troy Daniel Dowell

Filed Oct 19, 2022

View Opinion No. 21-0715

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            Troy Dowell appeals his conviction for indecent exposure.  OPINION HOLDS: The witness testimony and security video provide substantial evidence to support Dowell’s conviction.  The district court did not abuse its discretion in denying his motion for new trial based on the weight of the evidence.

Case No. 21-0795:  State of Iowa v. Mary Jane Jackson Thomas

Filed Oct 19, 2022

View Opinion No. 21-0795

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Chicchelly, J., takes no part.  Opinion by Greer, J.  (16 pages)

            Mary Jane Jackson Thomas appeals the denial of her motions for dismissal, judgment of acquittal, and a new trial surrounding charges of first- and second-degree kidnapping of her stepdaughter, K.T.  She argues the State failed to prove she confined K.T., an essential element of both crimes.  OPINION HOLDS: Because we find no reversible error in the district court’s denial of Jackson Thomas’s motions to dismiss or for judgment of acquittal, and we find no abuse of discretion in its denial of her motion for a new trial, we affirm.

Case No. 21-1150:  State of Iowa v. Alishia Sue Dawn Dewbre

Filed Oct 19, 2022

View Opinion No. 21-1150

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

            Alishia Dewbre appeals following her conviction for operating while intoxicated.  She contends the State violated her right against self-incrimination under article I, section 9 of the Iowa Constitution by subjecting her to a blood draw obtained via a search warrant and should have granted her motion to suppress.  OPINION HOLDS: Dewbre’s implicit right against self-incrimination was not violated by the blood draw.

Case No. 21-1162:  Ty Andre Patrick v. State of Iowa

Filed Oct 19, 2022

View Opinion No. 21-1162

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Ty Patrick appeals the dismissal of his application for postconviction relief, alleging his trial counsel was ineffective in failing to file a motion to suppress.  OPINION HOLDS: We affirm the court’s dismissal of Patrick’s PCR application.

Case No. 21-1173:  State of Iowa v. Justine Christopher Hurdel

Filed Oct 19, 2022

View Opinion No. 21-1173

            Appeal from the Iowa District Court for Webster County, Christopher Polking, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran, Tabor, Greer, Schumacher, and Chicchelly, JJ.  Opinion by Schumacher, J.  (20 pages)

            Justin Hurdel appeals his conviction for first-degree murder.  He claims the district court should have suppressed statements he made during a police interrogation as well as text messages obtained from his phone.  He also raises evidentiary claims related to text messages from his deceased ex-wife.  He contends there was insufficient evidence to support his conviction.  OPINION HOLDS: We find the court properly allowed the statements Hurdel made to police. Further, the court properly admitted the disputed text messages and any alleged error would be harmless.  Finally, sufficient evidence supports Hurdel’s conviction.  We affirm. 

Case No. 21-1187:  State of Iowa v. Joshua John Deutsch

Filed Oct 19, 2022

View Opinion No. 21-1187

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            A defendant claims he did not enter into a plea agreement knowingly and voluntarily.  He also claims the joint-recommended sentence in the plea was not what he agreed to as part of the plea.  OPINION HOLDS:  Because the defendant has not demonstrated good cause to appeal, we dismiss his appeal. 

Case No. 21-1200:  State of Iowa v. Jeremy James Behrends

Filed Oct 19, 2022

View Opinion No. 21-1200

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Mullins, *S.J.  Opinion by Mullins, S.J.  (9 pages)

            Jeremy Behrends appeals his dual convictions of domestic abuse assault causing bodily injury, challenging the sufficiency of the evidence.  OPINION HOLDS: Because the jury’s verdicts enjoy substantial evidentiary support on the elements Behrends’s claims can be interpreted to challenge, we affirm his convictions.

Case No. 21-1222:  Abel A. Ramirez v. State of Iowa

Filed Oct 19, 2022

View Opinion No. 21-1222

            Appeal from the Iowa District Court for Marshall County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Abel Ramirez seeks postconviction relief, claiming his conviction and sentence for robbery in Iowa was based on the same event as his federal conviction, which violates double jeopardy principles and, consequently, his Iowa sentence is an illegal sentence.  OPINION HOLDS: We have no authority to overrule Iowa Supreme Court precedent.  We affirm.

Case No. 21-1279:  In the Matter of the Estate of Cyril J. Gansen, Deceased.

Filed Oct 19, 2022

View Opinion No. 21-1279

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (6 pages)

            Thomas Gansen appeals the district court order overruling his objections to the final report of the estate of Cyril Gansen.  OPINION HOLDS: Because Thomas failed to support his preserved objections with evidence that would require modifications to the final report, we affirm the district court.

Case No. 21-1305:  In re Detention of Barr

Filed Oct 19, 2022

View Opinion No. 21-1305

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Bower, C.J.  (13 pages)

            Joshua Barr appeals his commitment as a sexually violent predator under Iowa Code Chapter 229A (2015).  He argues the district court erred by concluding beyond a reasonable doubt that he had a mental abnormality and he was more likely than not to engage in predatory acts of sexual violence.  OPINION HOLDS: The court’s findings are supported by substantial evidence, and we affirm.

Case No. 21-1325:  State of Iowa v. David Sean Hunter

Filed Oct 19, 2022

View Opinion No. 21-1325

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (19 pages)

            David Sean Hunter appeals his conviction of first-degree murder.  OPINION HOLDS: I. Substantial evidence supports the finding that Hunter was not justified in killing his roommate.  A reasonable fact finder could conclude that Hunter did not act in self-defense because he either started or continued the incident that resulted in death, or his use of force was unreasonable.  II. The district court properly exercised its discretion in denying Hunter’s motion for mistrial and in ruling on the admissibility of evidence.  Because Hunter has not established prejudice in any of his individual assignments of error, his claim of cumulative error likewise fails.

Case No. 21-1360:  State of Iowa v. Jeremy Scot Quillen

Filed Oct 19, 2022

View Opinion No. 21-1360

            Appeal from the Iowa District Court for Boone County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Carr, S.J.  Opinion by Bower, C.J.  (3 pages)

            Jeremy Scot Quillen appeals his convictions and sentences for domestic abuse assault, third or subsequent conviction, and domestic abuse assault causing bodily injury.  Quillen argues the trial court erred in failing to merge the two convictions and asserts sentence should have been imposed only on the domestic-abuse-assault-causing-bodily-injury conviction.  OPINION HOLDS: Because Quillen’s merger argument would defeat the legislative policy behind statutory enhancement for third-or-subsequent-offense domestic abuse assault, we find no error.

Case No. 21-1449:  State of Iowa v. Tyler Joseph Thurston

Filed Oct 19, 2022

View Opinion No. 21-1449

            Appeal from the Iowa District Court for Dallas County, Martha L. Mertz and Terry Rickers, Judges.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Tyler Thurston appeals his sentence for sexual abuse in the third degree, possession of marijuana with intent to deliver, and child endangerment.  OPINION HOLDS: We find no abuse of discretion in the sentences imposed.  We remand for the limited purpose of issuing a nunc pro tunc order to reflect Thurston pleaded guilty to and was convicted and sentenced for sexual abuse in the third degree under Iowa Code section 709.4(1)(b)(3)(a) (2020).

Case No. 21-1511:  Guge v. Kassel Enterprises, Inc.

Filed Oct 19, 2022

View Opinion No. 21-1511

            Appeal from the Iowa District Court for Palo Alto County, Charles Borth, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (18 pages)

            Defendants appeal two district court rulings following a remand in corporate-dissolution litigation, the first being the court’s determination and application of a discount rate for transaction costs and the second being the court’s award of appellate attorney fees to the plaintiffs.  As to the first ruling, the defendants argue they were deprived of their right to appear, present evidence, and be heard following remand, and the court erred in its credibility assessments as to the expert witnesses.  As to the second, they argue the court was without jurisdiction to award appellate attorney fees and the court abused its discretion in entering the award.  OPINIONS HOLDS: We reject the defendants’ claim that the remand order mandated that they be provided an opportunity to appear, present evidence, and be heard.  Finding the district court’s credibility finding supported by the record, we reject the defendants’ challenge to the district court’s credibility assessment and, by extension, its fair-value determination.  We conclude the district court had authority to entertain the plaintiffs’ application for appellate attorney fees, and we are unable to conclude the award was based on grounds that are clearly unreasonable or untenable

Case No. 21-1532:  State of Iowa v. Marty Adran McConnell

Filed Oct 19, 2022

View Opinion No. 21-1532

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

            Marty McConnell appeals his conviction for indecent exposure, challenging the sufficiency of the evidence to support his conviction.  OPINION HOLDS: We affirm McConnell’s judgment and sentence for indecent exposure.

Case No. 21-1624:  State of Iowa v. Milton Serrano Jr.

Filed Oct 19, 2022

View Opinion No. 21-1624

            Appeal from the Iowa District Court for Cedar County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Milton Serrano Jr. appeals his second-degree murder conviction, arguing the State did not prove beyond a reasonable doubt that he acted with malice aforethought or without justification.  OPINION HOLDS: Because we find substantial evidence supports the jury’s finding that Serrano acted with malice aforethought and without justification, we affirm. 

Case No. 21-1643:  State of Iowa v. Johnny Lee Hovenga, Jr.

Filed Oct 19, 2022

View Opinion No. 21-1643

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Hovenga claims a prosecutor breached his plea agreement by failing to recommend the agreed-to sentence.  OPINION HOLDS:  Finding that the prosecutor adequately recommended the agreed-to sentence, we affirm. 

Case No. 21-1646:  Jenkins v. Clark

Filed Oct 19, 2022

View Opinion No. 21-1646

            Appeal from the Iowa District Court for Polk County, Jesse Ramirez, District Associate Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Chicchelly, J.  (7 pages)

            Leonor and Jason Clark appeal from the district court’s order affirming the small claims court’s grant of a forcible-entry-and-detainer (FED) petition.  The Clarks contend: (1) they should have been able to challenge the validity of the forfeiture giving rise to the FED petition during the FED action, and (2) the small claims court should have transferred the case to district court because it does not have jurisdiction to consider issues of title, which are inherent in determining the validity of forfeiture of a real estate contract.  OPINION HOLDS: Finding the small claims court was indeed without jurisdiction, we reverse and remand with instructions to transfer the case to district court for consideration of the Clarks’ forfeiture challenge.

Case No. 21-1657:  Hong Truong v. Trang Huynh

Filed Oct 19, 2022

View Opinion No. 21-1657

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

            Hong Truong appeals the district court ruling dismissing her claim for damages from an alleged oral contract with Trang Huynh.  Hong argues the district court erred in relying on the testimony of a non-party witness and that its findings conflicted with the substantial evidence of the case.  OPINION HOLDS: Finding no error of law, we affirm the court’s ruling.

Case No. 21-1742:  State of Iowa v. Paul Roosevelt Belk

Filed Oct 19, 2022

View Opinion No. 21-1742

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

            Paul Belk appeals his convictions for second-degree murder.  He claims he was legally insane when he stabbed his victims and the State failed to provide sufficient evidence of malice aforethought.  He also claims he received ineffective assistance of counsel.  OPINION HOLDS: There was sufficient evidence of Belk’s sanity and malice aforethought.  We cannot consider his ineffective-assistance claims on direct appeal.

Case No. 21-1926:  State of Iowa v. Joseph Ricardo Cruz Cordero

Filed Oct 19, 2022

View Opinion No. 21-1926

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (4 pages)

            Joseph Cruz claims the district court improperly considered the possibility his other convictions would be overturned on appeal when it ordered his ten-year sentence to run consecutively to those convictions.  OPINION HOLDS: We find the district court relied on an improper factor when sentencing Cruz.  Accordingly, we vacate his sentence and remand for resentencing before a different judge. 

Case No. 22-0100:  Primebank Inc. v. TeGrootenhuis

Filed Oct 19, 2022

View Opinion No. 22-0100

            Appeal from the Iowa District Court for Sioux County, Jeffrey L. Poulson, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (28 pages)

            The Willard TeGrootenhuis Revocable Trust dated April 15, 2013 (the Trust) appeals the foreclosure decree, asks us to interpret the language of a mortgage it gave to Primebank Inc. (Primebank) to secure the debt of the trustee’s son, Scott TeGrootenhuis.  More specifically, the Trust asks us to set the order the sale proceeds are applied to the various defendants’ outstanding debts; it also challenges the ruling Primebank can recover attorney fees from the Trust.  OPINION HOLDS: Because we find no ambiguity in the relevant mortgage provisions, we agree with the district court that the contract should be applied as written.  We affirm in part and reverse in part the district court’s ruling regarding Primebank’s right to recover attorney fees from the Trust. 

Case No. 22-0141:  In re the Marriage of Dorsey

Filed Oct 19, 2022

View Opinion No. 22-0141

            Appeal from the Iowa District Court for Johnson County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (5 pages)

            Myron Dorsey appeals the transitional spousal support ordered upon the dissolution of his marriage to Kathryn Dorsey.  OPINION HOLDS: Finding no failure to do equity, we affirm.  Myron shall pay $10,000 toward Kathryn’s appellate attorney fees. 

Case No. 22-0154:  State of Iowa v. Gay Do Htoo

Filed Oct 19, 2022

View Opinion No. 22-0154

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

            Gay Do Htoo appeals from the sentences imposed following his guilty pleas to third-degree burglary in two separate cases, arguing the district court abused its discretion in declining to grant him probation with placement at Fort Des Moines, additional time in jail, or concurrent rather than consecutive sentences. OPINION HOLDS: We affirm the imposition of those sentences as well as the decision to impose them consecutively.

Case No. 22-0336:  State of Iowa v. Spencer Jerrick Carter

Filed Oct 19, 2022

View Opinion No. 22-0336

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Bower, C.J.  (5 pages)

            Spencer Jerrick Carter appeals the sentence imposed for his conviction for domestic abuse assault, second offense, claiming the court abused its sentencing discretion.  OPINION HOLDS: The court’s reasons for the sentence imposed were neither untenable nor unreasonable.  We affirm.

Case No. 22-0557:  State of Iowa v. Rayshaun Deon Friend

Filed Oct 19, 2022

View Opinion No. 22-0557

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge, and Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Rayshaun Friend appeals the denial of his motion to suppress, claiming officers did not have reasonable suspicion for a traffic stop.  OPINION HOLDS: We affirm the district court’s denial of Friend’s suppression motion and his conviction, judgment, and sentence.

Case No. 22-0726:  In the Interest of B.G.E., Minor Child

Filed Oct 19, 2022

View Opinion No. 22-0726

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

            A mother appeals the order dismissing her petition to terminate a father’s parental rights under Iowa Code chapter 600A (2022).  OPINION HOLDS: Because the mother failed to present clear and convincing evidence showing the father abandoned the child, we affirm.

Case No. 22-0958:  In the Interest of J.P. and A.P., Minor Children

Filed Oct 19, 2022

View Opinion No. 22-0958

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination, argues termination is not in the children’s best interests, and requests we apply an exception to termination and establish guardianships for the children.  OPINION HOLDS: The statutory ground authorizing termination is satisfied.  Termination is in the children’s best interests, so we decline to apply an exception to termination or to establish guardianships as an alternative to termination.

Case No. 22-1178:  In the Interest of K.W., Minor Child

Filed Oct 19, 2022

View Opinion No. 22-1178

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (7 pages)

            A father appeals the termination of his parental rights.  He argues the juvenile court should have extended his deadline for reunification.  He also contends the State failed to offer clear and convincing evidence that his parental rights should be terminated under statutory grounds.  OPINION HOLDS: The record does not support the father’s claims for relief.  The father offered no factors justifying a delay in termination and, because the child has been removed for a sufficient amount of time, we find statutory grounds satisfied.  We affirm.

Case No. 22-1181:  In the Interest of L.B., L.H., A.H., and S.H., Minor Children

Filed Oct 19, 2022

View Opinion No. 22-1181

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            The mother appeals the termination of her parental rights to four of her children.  She challenges the grounds for termination, asserts the loss of her rights is not in the children’s best interests, and urges us to apply an exception to termination to save the parent-child relationships.  In the alternative, she requests additional time to work toward reunification or that the children be placed in a guardianship with their maternal great-grandparents while she maintains her parental rights.  OPINION HOLDS: We cannot say the mother could resume parenting if given a short extension, and a guardianship is not in the children’s best interests.  We affirm termination of the mother’s rights to S.H., A.H., and L.H. under Iowa Code section 232.116(1)(f) (2022) and to L.B. under paragraph (h). 

Case No. 22-1248:  In the Interest of S.G., Minor Child

Filed Oct 19, 2022

View Opinion No. 22-1248

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A father appeals the adjudication of his child as a child in need of assistance.  OPINION HOLDS: The State established both grounds for adjudication.

Case No. 22-1363:  In the Interest of T.W., Minor Child

Filed Oct 19, 2022

View Opinion No. 22-1363

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child, born in 2016, under Iowa Code section 232.116(1)(f) and (g) (2022).  She argues the department did not make reasonable efforts at reunification and a prior termination should not have been considered by the juvenile court.  We must also decide whether to grant the mother a delayed appeal.  OPINION HOLDS: We opt to grant the mother a delayed appeal, but we still affirm the termination of her parental rights. 

Case No. 22-1368:  In the Interest of K.S. and E.S., Minor Children

Filed Oct 19, 2022

View Opinion No. 22-1368

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights to her two children under Iowa Code section 232.116(1)(h) (2022), challenging the sufficiency of the evidence supporting the ground for termination, argues termination is not in the children’s best interests because of her bond with them, and requests more time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

Case No. 21-0045:  Daniel Samuel Jason v. State of Iowa

Filed Oct 05, 2022

View Opinion No. 21-0045

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (13 pages)

            Daniel Jason appeals the district court’s denial of his third application for postconviction relief (PCR), contending his appellate and PCR counsel were ineffective.  OPINION HOLDS: Upon our review, we affirm.

Case No. 21-0916:  State of Iowa v. Todd W. Adams

Filed Oct 05, 2022

View Opinion No. 21-0916

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, J., and Gamble, S.J.  Opinion by Tabor, J.  (12 pages).

            Todd Adams appeals his conviction for five counts of second-degree sexual abuse and two counts of indecent contact with a child.  He contends the district court abused its discretion in excluding evidence of the history of drug use and involuntary commitment of the victims’ mother.  He also challenges the admission of hearsay testimony from a nurse who examined the victims.  OPINION HOLDS: Because his exclusion claim was unpreserved and the nurse’s testimony was properly admitted, we affirm.

Case No. 21-0944:  State of Iowa v. Abdirizak Mursal Arab

Filed Oct 05, 2022

View Opinion No. 21-0944

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (5 pages)

            Abdirizak Arab challenges the sufficiency of the evidence supporting his conviction for theft in the second degree, pursuant to Iowa Code section 714.1(4) (2021).  OPINION HOLDS: Sufficient evidence established Arab knew the SUV he possessed was stolen and he did not intend on promptly returning it to its owner.  Accordingly, Arab’s conviction was supported by substantial evidence.

Case No. 21-1100:  State of Iowa v. Diavantae Stepphon Davis

Filed Oct 05, 2022

View Opinion No. 21-1100

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (17 pages)

            Diavantae Davis appeals his convictions for murder in the first degree, intimidation with a dangerous weapon with intent to injure or provoke, and going armed with intent.  He argues the district court erred in instructing the jury on his duties with respect to his justification defense and the evidence is insufficient to support his conviction for murder in the first degree.  OPINION HOLDS: The jury instruction about the duties Davis was required to perform in order to claim a justification defense is a correct statement of law.  While it was not supported by substantial evidence, the error was harmless.  The witness testimony and security video provide substantial evidence to support finding Davis acted with premeditation and a specific intent to kill. 

Case No. 21-1126:  State of Iowa v. Lestine Pearl Martin

Filed Oct 05, 2022

View Opinion No. 21-1126

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (3 pages)

            Lestine Martin challenges the sufficiency of the evidence supporting her conviction for possession of a controlled substance (marijuana).  OPINION HOLDS: Because Martin stipulated that the substance recovered by officers was marijuana and she was the only adult who lived in her home—where the drugs were recovered—substantial evidence supports her conviction. 

Case No. 21-1334:  AD, LLC v. Paramo

Filed Oct 05, 2022

View Opinion No. 21-1334

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (11 pages)

            Plaintiff and third-party defendants appeal the district court’s ruling, following a bench trial, on a suit and countersuit stemming from an oral contract for the purchase real estate in installments.  OPINION HOLDS: We reject the appellants’ challenges to the sufficiency of the evidence and affirm the judgment of the district court.

Case No. 21-1419:  In re the Marriage of Nardone

Filed Oct 05, 2022

View Opinion No. 21-1419

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            The wife appeals the court decree, arguing the court failed to address the husband’s life insurance cash value in the property distribution, failed to order the husband to maintain a life insurance policy with her as the beneficiary, and awarded inadequate spousal support.  Both parties request appellate attorney fees.  OPINION HOLDS: Upon our de novo review, we modify as to the cash value of the life insurance, otherwise affirm the decree, and decline to award appellate attorney fees.

Case No. 21-1475:  State of Iowa v. Devon Larone Webster

Filed Oct 05, 2022

View Opinion No. 21-1475

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

            Devon Webster appeals following his guilty plea to four misdemeanor counts.  He contends his plea was involuntary because the court failed to inform him of the 15% surcharge imposed on the fine for each count and the district court committed sentencing error in the manner in which it imposed the surcharges.  OPINION HOLDS: Webster failed to establish good cause to challenge his guilty plea, so his conviction is affirmed.  The district court properly imposed the 15% surcharge on all charges and properly suspended those surcharges in their entirety when it suspended all fines.

Case No. 21-1564:  Sarah Barke v. D & D Real Estate Holdings, LLC

Filed Oct 05, 2022

View Opinion No. 21-1564

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, J., and Doyle, S.J.  Chicchelly, J., takes no part.  Opinion by Bower, C.J.  (11 pages)

            Sarah Barke appeals the dismissal of her breach-of-contract claim against D&D Real Estate Holdings, LC based on D&D’s motion for summary judgment.  OPINION HOLDS: We find D&D’s failure to renew a rental agreement does not constitute retaliatory action and Barke did not generate a jury question on her contract or Iowa Code section 562A.27B (2020) claims.  We affirm.

Case No. 21-1622:  Titan Pro Sci, Inc. v. Eric Muff, Dan Fulton and New Ag Basics, LLC

Filed Oct 05, 2022

View Opinion No. 21-1622

            Appeal from the Iowa District Court for Hancock County, DeDra Schroeder, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (20 pages)

            Titan Pro SCI, Inc. (Titan) brought a lawsuit against former employees Dan Fulton and Eric Muff, who created New Ag Basics, LLC (collectively, the appellants), and others.  The appellants moved to compel arbitration, relying on arbitration provisions in both a purchase agreement and mutual general release between just Fulton and Titan.  The district court denied the motion, which the appellants challenge.  They argue the court wrongly concluded Titan’s claims against them do not fall within the scope of the two arbitration clauses.  More specifically, they claim the district court improperly placed the burden on them to prove that the claims were suitable for arbitration—rather than placing the burden on Titan to prove the claims were not suitable; Titan’s legal claims “touch on” matters covered by the broad arbitration provisions, which is enough to compel arbitration; and Muff and New Ag Basics, LLC have a sufficiently close relationship to Fulton to enforce the arbitration provisions in agreements Fulton entered into with Titan.  The appellants ask us to dismiss Titan’s lawsuit with prejudice or, in the alternative, stay it pending arbitration.  OPINION HOLDS: The arbitration clauses in the purchase agreement and mutual general release are not susceptible to an interpretation that covers Titan’s claims under breach-of-contract or any tort theories.  Therefore, we agree with the district court’s denial of the appellants’ motion to compel arbitration.

Case No. 21-1636:  Nyerere Dezhay Waller v. State of Iowa

Filed Oct 05, 2022

View Opinion No. 21-1636

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge. AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Carr, S.J.  Opinion by Bower, C.J.  (5 pages)

            Waller appeals the denial of his postconviction-relief application, alleging plea counsel provided ineffective assistance when counsel failed to advise him of potential defenses to kidnapping, allowed him to plead guilty where there was no factual basis for second-degree kidnapping, failed to file an appeal, and did not request any sentence other than prison.  OPINION HOLDS: We agree with the district court Waller failed to prove counsel breached any duty in representing him and his ineffective-assistance-of-counsel claim thus fails. 

Case No. 21-1647:  State of Iowa v. Lloyd B. Morrison

Filed Oct 05, 2022

View Opinion No. 21-1647

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Lloyd Morrison appeals his conviction following his guilty plea to assault with intent to commit sexual abuse causing bodily injury.  He argues the district court should have, sua sponte, ordered a pre-sentencing competency evaluation and the court’s failure to do so violated his right to due process.  OPINION HOLDS: On our de novo review, and after applying applicable factors, we find no specific facts about Morrison's competence that required the court to order a hearing on its own motion under Iowa Code section 812.3 (2020).  Morrison is entitled to no relief in this appeal.  Thus, we affirm his conviction and sentence.

Case No. 21-1670:  State of Iowa v. Trevell Demon Bruce

Filed Oct 05, 2022

View Opinion No. 21-1670

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

            Trevell Bruce appeals the district court’s denial of his motion to suppress evidence, alleging a constitutional violation of his right against unreasonable seizures.  OPINION HOLDS: We affirm the district court’s suppression ruling and Bruce’s conviction, judgment, and sentence for eluding.

Case No. 21-1707:  Bruhn Farms Joint Venture v. Cindy Kuehl, Debra Woodward, Russell J. Woodward, and Arlen G. Kuehl

Filed Oct 05, 2022

View Opinion No. 21-1707

            Appeal from the Iowa District Court for Monona County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, J., and Doyle, S.J.  Opinion by Tabor, J.  (16 pages)

            A cotenant in two parcels of farmland appeals the district court’s partition in kind of heirs property.  OPINION HOLDS: We find the district court properly applied the legislation and its division of the property was both practicable and equitable, so we affirm. 

Case No. 21-1721:  State of Iowa v. David John Smith

Filed Oct 05, 2022

View Opinion No. 21-1721

            Appeal from the Iowa District Court for Buchanan County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (4 pages)

            David Smith appeals his ten-year prison sentence, arguing instead he should have been given a suspended sentence conditioned on his participation in a residential facility, substance-abuse treatment, and drug court supervision.  OPINION HOLDS: Because we find no abuse of the district court’s discretion or any defect in its sentencing procedure, we affirm.

Case No. 21-1876:  In re Marriage of Wnuk and Knauss

Filed Oct 05, 2022

View Opinion No. 21-1876

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Kristen Marie Knauss appeals the child custody and physical care provisions of a divorce decree.  The decree maintained joint legal custody while awarding primary physical care to the child’s father, David Michael Wnuk.  OPINION HOLDS: Because the court ruled consistently with the best interests of the child, we affirm its physical care and custody determinations.  We decline to award the requested attorney fees to either party.

Case No. 21-1896:  State of Iowa v. Dillyn Michael Howard

Filed Oct 05, 2022

View Opinion No. 21-1896

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Gamble, S.J.  Opinion by Bower, C.J.  (5 pages)

            Dillyn Howard appeals his convictions for first-degree robbery and assault while using or displaying a dangerous weapon.  OPINION HOLDS: Substantial evidence supports Howard’s convictions for first-degree robbery and assault while using or displaying a dangerous weapon, and we affirm.

Case No. 21-2007:  In re the Marriage of Hill

Filed Oct 05, 2022

View Opinion No. 21-2007

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Marshall Hill appeals the entry of an amended order for military retired pay (MRPDO).  The decree and original MRPDO employed, under In re Marriage of Benson, 545 N.W.2d 252 (Iowa 1996), Marshall’s years of service in the formula dividing his military retirement benefits.  The amended order utilizes Marshall’s accrued reserve points in the division formula, as required by the Defense Finance and Accounting Service.  Marshall contends the amended MRPDO impermissibly modifies the property-division provisions of the decree dissolving his marriage to Lori Hill.  OPINION HOLDS:  The reserve points Marshall accrued during the marriage accurately reflects the military retirement benefits he accrued during the marriage.  His years of service does not.  So, using points rather than years in the division formula does not conflict with, but follows, the decretal court’s intent to divide the military benefits accrued during the marriage.  We therefore conclude there is no impermissible modification of the property division.  We affirm the district court.    

Case No. 22-0001:  In re the Marriage of Heide

Filed Oct 05, 2022

View Opinion No. 22-0001

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            In this dissolution action, the husband appeals the district court determination that the parties’ destination wedding ceremony in Costa Rica did not establish a common law marriage and that parties’ legal ceremony in Las Vegas was the date of marriage.  So the pre-marital agreement signed after the Costa Rica ceremony but before Las Vegas marriage was valid and applicable to the division of the parties’ property in dissolution.  OPINION HOLDS: On de novo review, we agree with the district court and affirm.

Case No. 22-0102:  In re Durschmidt Revocable Trust

Filed Oct 05, 2022

View Opinion No. 22-0102

            Appeal from the Iowa District Court for Webster County, Jennifer Miller, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            Kristi Durschmidt appeals the dismissal of her contest to her father’s trust based on claims of a lack of testamentary capacity and undue influence.  OPINION HOLDS: Because Kristi has not proved Randall lacked testamentary capacity or was unduly influenced, and has either waived or failed to preserve error on her other issues, we affirm the district court.

Case No. 22-0123:  In re Marriage of Burnham

Filed Oct 05, 2022

View Opinion No. 22-0123

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals the district court’s decree granting joint physical care of her child between her and the child’s father.  OPINION HOLDS: We conclude the district court acted equitably in granting the parents joint physical care of the child.

Case No. 22-0332:  Dieter Alfred Schewe v. Jacob Beck and Clinton County, Iowa

Filed Oct 05, 2022

View Opinion No. 22-0332

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Dieter Schewe appeals the denial of his motions for new trial or additur following a jury award of medical expense damages and disputes the taxation of certain costs.  OPINION HOLDS: We reverse and remand on the issue of the medical expense damages and allow for a conditional new trial if additur is not accepted.  We also reverse on the assessment of the $100 deposition fee and $5 reproduction fee that were taxed as costs to Schewe.

Case No. 22-0470:  In the Interest of O.S., Minor Child

Filed Oct 05, 2022

View Opinion No. 22-0470

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 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, an extension of time would not be proper in this case, termination is in the child’s best interests, and an exception to termination should not be applied.  We affirm the decision of the juvenile court.

Case No. 22-0474:  State of Iowa v. Thanh Van Nguyen

Filed Oct 05, 2022

View Opinion No. 22-0474

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

            Thanh Van Nguyen appeals the district court’s denial of his motion in arrest of judgment.  He alleges his guilty plea was not entered knowingly and voluntarily because his written guilty plea was not translated into Vietnamese for him.  OPINION HOLDS: Upon our review, we find no abuse of discretion and affirm the district court’s decision.

Case No. 22-0516:  In the Interest of E.C., L.C. and J.C., Minor Children

Filed Oct 05, 2022

View Opinion No. 22-0516

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: We find termination was authorized under Iowa Code section 232.116(1)(f) (2021), termination is in the children’s best interests, and the urged permissive exceptions to termination do not apply.

Case No. 22-0573:  In the Interest of C.M., R.M., and A.M., Minor Children

Filed Oct 05, 2022

View Opinion No. 22-0573

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

            A father appeals a district court order terminating his parental rights to three children.  He contends (1) the State did not prove the grounds for termination cited by the court; (2) termination was not in the children’s best interests; (3) the court should have granted an exception to termination based on the parent-child bond; (4) he should have been afforded additional time to facilitate reunification; and (5) the court should have granted the district court concurrent jurisdiction to allow the children’s mothers to obtain appropriate custody orders.  OPINION HOLDS: We affirm the order terminating the father’s parental rights to his three children.

Case No. 22-0630:  State of Iowa v. Justin James Pries

Filed Oct 05, 2022

View Opinion No. 22-0630

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Justin Pries appeals his conviction based on an alleged defect in his plea proceedings.  He contends the district court failed to engage in a sufficient plea colloquy, which violated his constitutional rights.  OPINION HOLDS: As Pries has not demonstrated a potential ground for relief to support an appeal from a guilty plea, we are without jurisdiction to hear the appeal, and it must be dismissed.

Case No. 22-0953:  In the Interest of L.S. and J.S., Minor Children

Filed Oct 05, 2022

View Opinion No. 22-0953

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

            A mother appeals the termination of her parental rights, asserting it is not in the children’s best interests.  OPINION HOLDS: We affirm.

Case No. 22-1096:  In the Interest of K.S., Minor Child

Filed Oct 05, 2022

View Opinion No. 22-1096

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Tabor, J.  (11 pages)

            A mother appeals the termination of her parental rights.  She contends the State failed to present clear and convincing evidence of the statutory grounds for termination, that the Department of Health and Human Services did not make reasonable efforts to reunify her with the child, and the juvenile court should have determined a permissive factor precluded termination.  OPINION HOLDS: We agree with the findings of the juvenile court.  Because K.S.’s mother failed to embrace services to address her substance abuse and mental health, we find a statutory ground satisfied.  The DHHS acted appropriately in providing visitation services.  And no permissive factor prevented termination.  So we affirm.

Case No. 22-1149:  In the Interest of L.J.-K., Minor Child

Filed Oct 05, 2022

View Opinion No. 22-1149

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to a child born in 2009.  She (1) challenges the evidence supporting the grounds for termination cited by the district court, including the efforts made by the department of health and human services to facilitate reunification; (2) argues termination was not in the child’s best interests; and (3) contends the court should have granted an exception to termination based on “a close bond” with family members.  OPINION HOLDS: We affirm the order terminating the mother’s parental rights to the child.

Case No. 22-1218:  In the Interest of A.R., A.S., and J.S., Minor Children

Filed Oct 05, 2022

View Opinion No. 22-1218

            Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother and father each appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: We find an extension of time should not be granted in this case, termination of the parents’ rights is in the children’s best interests, no exceptions to termination should be applied, and the parents did not preserve their claims regarding reasonable efforts.  We affirm the termination of the parental rights of the mother and father.

Case No. 22-1219:  In the Interest of J.R. and L.R., Minor Children

Filed Oct 05, 2022

View Opinion No. 22-1219

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights, seeking to place the children in a guardianship.  OPINION HOLDS: We find a guardianship is not appropriate, the exceptions to termination do not apply, and reasonable efforts were provided.  We affirm.

Case No. 22-1231:  In the Interest of T.D. and T.D., Minor Children

Filed Oct 05, 2022

View Opinion No. 22-1231

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the denial of her request to terminate a guardianship over her children.  OPINIONS HOLDS: We agree with the juvenile court that ending the guardianship would not be in the children’s best interests.

Case No. 22-1278:  In the Interest of K.D. and K.D., Minor Children

Filed Oct 05, 2022

View Opinion No. 22-1278

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

            This appeal arises from a post-remand order in the aftermath of a termination-of-parental-rights ruling and a ruling denying a motion to remove a guardian.  OPINION HOLDS: We affirm the court’s remand order appointing the foster parents as guardians of the children.

Case No. 20-0773:  Jesus Angel Ramirez v. State of Iowa

Filed Sep 21, 2022

View Opinion No. 20-0773

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

            Jesus Ramirez appeals the denial of his application for postconviction relief, which alleged ineffective assistance of counsel on direct appeal following his criminal convictions.  OPINION HOLDS: We agree with the district court that Ramirez did not meet his burden to show prejudice, and we accordingly affirm the denial of his application for postconviction relief. 

Case No. 20-1257:  Keith Walker v. State of Iowa

Filed Sep 21, 2022

View Opinion No. 20-1257

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

            Keith Walker appeals the denial of his application for post-conviction relief.  He alleges newly discovered evidence provides an exception to the Iowa Code section 822.3 (2019) bar on his claims.  He also asks us to apply State v. Plain, 898 N.W.2d 801, 826 (Iowa 2017), retroactively.  OPINION HOLDS: Walker failed to present newly discovered evidence.  Accordingly, his claims are barred by section 822.3.  Further, we cannot apply Plain retroactively.  We affirm. 

Case No. 21-0434:  State of Iowa v. Jason Robert Sassman

Filed Sep 21, 2022

View Opinion No. 21-0434

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Tabor, J.  (12 pages)

            Jason Sassman appeals his conviction for second-degree murder contending the verdicts on his first-degree murder and animal abuse charges were inconsistent.  He also challenges admission of autopsy photographs and the State’s proof of malice aforethought.  OPINION HOLDS: We find no inconsistency in the verdicts, no abuse of discretion in the evidentiary ruling, and ample evidence of malice.  So we affirm. 

Case No. 21-0492:  Christopher Ryan Allen v. State of Iowa

Filed Sep 21, 2022

View Opinion No. 21-0492

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  Partial Dissent by Tabor, P.J.  (22 pages)

            Christopher Allen appeals from the denial of his application for postconviction relief (PCR) following his 2015 convictions for two counts of possession of a controlled substance with intent to deliver (cocaine base), ongoing criminal conduct, and a drug tax stamp violation.  Allen argues for the first time that the disparity between sentences for crack and powder cocaine violate the Equal Protection Clauses of both the Federal and Iowa Constitutions.  Allen also argues the district court wrongly denied his application for PCR, claiming he received ineffective assistance from trial counsel when counsel failed to research and present the police video of the vehicle stop at the suppression hearing and trial and object to the district court’s failure to read the verdicts in open court.  He argues appellate counsel provided ineffective assistance by failing to file a timely application for further review of this court’s ruling on his direct appeal.  OPINION HOLDS: Because there is a rational basis for the disparity in sentences between crack and powder cocaine dealers, Allen has not shown that Iowa Code section 124.401 (2015) violates equal protection.  And Allen did not prove he received ineffective assistance from either trial or appellate counsel.  We affirm.  PARTIAL DISSENT ASSERTS: I respectfully dissent.  I would find Iowa Code section 124.401 (2015) violates our equal protection clause as there is no rational relationship between the old ten-to-one sentencing disparity between crack-cocaine and powder-cocaine offenses and a legitimate government interest.  I would reverse and remand for resentencing.

Case No. 21-0612:  Frankhauser v. Borgwarner Morse Tec LLC

Filed Sep 21, 2022

View Opinion No. 21-0612

           

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Plaintiffs in an asbestos action appeal the district court’s ruling that granted two defendants’ motions for summary judgment based on Iowa Code section 686B.7(5) (2018).  OPINION HOLDS: We find the district court misinterpreted section 686B.7(5).  That section does not limit liability for the defendants in this action, and summary judgment in their favor was improper.  We reverse and remand for further proceedings. 

Case No. 21-0709:  State of Iowa v. Adam Jay Driesen

Filed Sep 21, 2022

View Opinion No. 21-0709

            Appeal from the Iowa District Court for O’Brien County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Blane, S.J.  Opinion by Vaitheswaran, P.J.  Special concurrence by Blane, S.J.  (7 pages)

            Adam Driesen appeals the denial of his motion to suppress, arguing the evidence was collected as a result of an illegal search and seizure in violation of the United States Constitution and Iowa Constitution.  OPINION HOLDS: We affirm the suppression ruling and Driesen’s conviction, judgment, and sentence for operating a motor vehicle while intoxicated, second offense.  SPECIAL CONCURRENCE ASSERTS:  Driesen’s argument is lacking in logic and legal authority, and I would affirm without opinion.

Case No. 21-0759:  State of Iowa v. Revette Ann Sauser

Filed Sep 21, 2022

View Opinion No. 21-0759

            Appeal from the Iowa District Court for Delaware County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  Special Concurrence by Tabor, J. (10 pages)

            Revette Sauser appeals her conviction for murder in the first degree, claiming the district court erred in refusing to instruct the jury on voluntary manslaughter.  OPINION HOLDS: Because none of Sauser’s stories about the events leading up to the shooting support a finding that she acted solely out of the required level of provocation, the district court did not err in refusing to instruct the jury on voluntary manslaughter. SPECIAL CONCURRENCE ASSERTS: Like the majority, I would affirm Sauser’s conviction.  But I would find the court erred in not instructing the jury on voluntary manslaughter.  Still, this instructional error is not cause for reversal.  Because they returned a guilty verdict on a higher charge, there is no prejudice for the failure to instruct on manslaughter. 

Case No. 21-0791:  Gary Charles Wood, Jr. v. State of Iowa

Filed Sep 21, 2022

View Opinion No. 21-0791

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Gary Wood appeals from the denial of his application for postconviction relief (PCR).  He seeks relief from his guilty plea to domestic abuse assault, second offense.  In this PCR appeal, he argues he is actually innocent of the charge.  OPINION HOLDS: Given the issues with the victim’s recantations, Wood has not provided clear and convincing evidence no reasonable factfinder would convict him of domestic abuse assault considering all of the evidence.  We affirm the denial of his PCR application.

Case No. 21-0889:  Murl Edward McMullin v. State of Iowa

Filed Sep 21, 2022

View Opinion No. 21-0889

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (4 pages)

            Murl McMullin appeals the denial of his postconviction-relief application.  OPINION HOLDS: Because the application is untimely, we affirm.    

Case No. 21-1176:  Swanson v. Oldenburger

Filed Sep 21, 2022

View Opinion No. 21-1176

            Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. Special concurrence by Greer, J.  (14 pages)

            Stephen Swanson appeals the grant of summary judgment for the defendants on claims related to disclosing information in his personnel record.  OPINION HOLDS: I. Because nothing in the record supports a finding that Swanson exhausted all contractual, legal, and statutory remedies after a final disciplinary action, the disclosure of his personnel record was not permitted under the open records statute.  II. Swanson’s blacklisting claim fails as a matter of law because he only presents speculation and conjecture to show the defendants intended to injure him by preventing future employment.  III. Swanson failed to show a factual dispute on whether the statements Oldenburger made in disclosing the termination notice were false or made with actual malice, so his defamation claim fails as a matter of law.  SPECIAL CONCURRENCE ASSERTS: I concur in the majority opinion but write separately to offer additional support for the analysis of the open records violation.

Case No. 21-1239:  In re the Marriage of Alvord

Filed Sep 21, 2022

View Opinion No. 21-1239

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Devon Wendler Alvord appeals the district court’s denial of her petition to modify the parties’ agreement to share joint physical care.  OPINION HOLDS: We affirm the denial of Devon’s petition to modify the dissolution decree.

Case No. 21-1271:  State of Iowa v. Nicholas Walter Janvrin

Filed Sep 21, 2022

View Opinion No. 21-1271

            Appeal from the Iowa District Court for Hamilton County, Derek Johnson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Nicholas Janvrin appeals the district court’s order denying his motion in arrest of judgment, requesting his guilty plea be set aside.  OPINION HOLDS: We affirm Janvrin’s plea, conviction, and sentence for third-degree burglary.

Case No. 21-1424:  Dustin Vivone v. Katie Morrell

Filed Sep 21, 2022

View Opinion No. 21-1424

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

            A mother appeals the district court’s decree of paternity establishing custody, physical care, visitation, and support.  OPINION HOLDS: We conclude the court’s decision to grant the father physical care of the child was in the child’s best interests.

Case No. 21-1531:  Mt. Sinai Christian Fellowship Church of God in Christ, Inc. v. Scott County Board of Supervisors

Filed Sep 21, 2022

View Opinion No. 21-1531

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (13 pages)

            Mt. Sinai Christian Fellowship Church of God in Christ, Inc. (Mt. Sinai) appeals from the district court’s denial of its petitions for writ of mandamus against the Scott County Board of Supervisors and the Scott County Treasurer (collectively, the County) regarding the County’s failure to abate property taxes or refund previously paid property taxes.  OPINION HOLDS: Because we concur with the district court’s statutory interpretation and conclusions, we affirm the dismissal of Mt. Sinai’s mandamus actions.

Case No. 21-1613:  State of Iowa v. Dennis Lee Lawson

Filed Sep 21, 2022

View Opinion No. 21-1613

            Appeal from the Iowa District Court for Monona County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Doyle, S.J.  Opinion by Greer, J.  (3 pages)

Dennis Lawson appeals the denial of his motions for mistrial and a new trial.  OPINION HOLDS: As Lawson did not move for a mistrial for prosecutorial misconduct before the case was submitted to the jury, any objection to misconduct was waived. 

Case No. 21-1748:  State of Iowa v. Emmanuel Terrill Pledge

Filed Sep 21, 2022

View Opinion No. 21-1748

            Appeal from the Iowa District Court for Linn County, Nicholas L. Scott, District Associate Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Emmanuel Pledge appeals his sentence in a criminal conviction that was to run consecutively to the not-yet-imposed sentence of a different conviction.  OPINION HOLDS: We affirm Pledge’s convictions but vacate his sentences and remand for the district court to determine whether the sentence in FECR140949 should run consecutively to the sentence in AGCR141183.

Case No. 21-1851:  Brian Denemark v. Archer Daniels Midland Company

Filed Sep 21, 2022

View Opinion No. 21-1851

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Brian Denemark appeals the district court’s ruling on judicial review, which affirmed the workers’ compensation commissioner’s denial of two applications for alternate medical care.  OPINION HOLDS: In conducting judicial review, the district court properly applied the law on the agency’s discretion.  The district court did not make its own legal findings or require proof of his employer’s ulterior motive in denying medical care.  Finally, Denemark failed to show the agency’s decision conflicts with prior precedent.  We therefore affirm. 

Case No. 21-1887:  DSM Investment Group, LLC v. City of Des Moines, Iowa

Filed Sep 21, 2022

View Opinion No. 21-1887

            Appeal from the Iowa District Court for Polk County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (12 pages)

            DSM Investment Group, LLC (DSM) appeals from a district court ruling in favor of the City of Des Moines.  DSM claims the district court erred in failing to rule on its motion in limine, not awarding damages, classifying certain requested damages as attorney fees, and failing to rule on its due process claim.  OPINION HOLDS: The district court was not required to rule on the motion in limine in this bench trial.  Because DSM failed to object to evidence as it was presented, its evidentiary claims on appeal are not preserved.  DSM failed to present evidence of damages.  The attorney fees were correctly classified as such.  DSM did not preserve its due process claim because it did not file a timely Iowa Rule of Civil Procedure 1.904(2) motion alerting the court of its failure to address the due process claim.

Case No. 21-1904:  Muff Corp. v. Paige

Filed Sep 21, 2022

View Opinion No. 21-1904

            Appeal from the Iowa District Court for Crawford County, Tod Deck, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Muff Corporation and Thomas and Lawrence Muff, as conservators for the Joseph Muff Conservatorship, appeal a district court decision holding Tadd Paige’s inherited individual retirement accounts (IRAs) are exempt from collection of a money judgment.  OPINION HOLDS: Because inherited IRAs are not “retirement investments” under the exemption statute, we reverse and remand for further proceedings.  

Case No. 21-1949:  State of Iowa v. Jacob Eugene Hansel

Filed Sep 21, 2022

View Opinion No. 21-1949

            Appeal from the Iowa District Court for Washington County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Jacob Eugene Hansel appeals his convictions for possession with intent to deliver and failure to affix a drug tax stamp, claiming improperly admitted prior “bad acts” testimony.  OPINION HOLDS: Trial counsel made no objection, made no further record, and did not ask to strike testimony.  The trial court made no ruling.  We have nothing to review; thus, we affirm.

Case No. 22-0062:  In re Marriage of Anderson

Filed Sep 21, 2022

View Opinion No. 22-0062

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            Elizabeth Sheckells appeals the denial of her petition to modify the physical-care provisions of a dissolution decree.  Her former husband, Darrick Anderson, requests an award of appellate attorney fees.  OPINION HOLDS: We affirm, concluding Elizabeth did not show a substantial change in circumstances warranting modification and the result of modification would be contrary to the child’s best interests.  Darrick’s request for an award of appellate attorney fees is denied.

Case No. 22-0173:  Janelle Marie Aron v. Clark Jon Robken

Filed Sep 21, 2022

View Opinion No. 22-0173

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A man appeals a protective order, arguing the assault underlying a 2018 protective order could not serve as the predicate for the later, current protective order.  OPINION HOLDS: We reverse and remand for dismissal of the protective order. 

Case No. 22-0180:  Benjamin Moody v. Brooke Trimble

Filed Sep 21, 2022

View Opinion No. 22-0180

            Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED AS MODIFIED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (8 pages)

            A father appeals the district court’s child-support calculations.  The mother cross-appeals the district court’s denial of her request to modify visitation.  OPINION HOLDS: The mother is underemployed, so we conclude additional income should be imputed to her for the purposes of calculating child support.  The mother has failed to show a change in circumstances warranting modification of her visitation with the parents’ child.

Case No. 22-0193:  Kevin James Noel v. Jessica Ann Dorsey

Filed Sep 21, 2022

View Opinion No. 22-0193

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED IN PART AS MODIFIED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Kevin Noel appeals the court’s custody modification order to the extent it allows for joint physical care with Jessica Dorsey.  OPINION HOLDS: Because neither Jessica nor Kevin requested joint physical care, the issue was not properly before the district court and should not have been ordered.  Physical care is placed with Kevin.  The visitation schedule must be modified and we remand for the district court to set forth an appropriate visitation schedule. 

Case No. 22-0196:  In the Interest of R.S., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-0196

            Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (3 pages)

            A father appeals a statutory ground authorizing termination of his parental rights.  OPINION HOLDS: Because the father only challenges one of the two statutory grounds authorizing termination, we affirm on the unchallenged ground.

Case No. 22-0217:  Alexis Ficek v. Ronald Morgan, III

Filed Sep 21, 2022

View Opinion No. 22-0217

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Ronald (Ronnie) Morgan appeals the district court’s disposition of his petition to modify visitation, custody, and child support for two minor children.  OPINION HOLDS: We find the district court acted equitably and consistently with the children’s best interests by refusing to confer legal custody or decrease child support for Ronnie.  On those issues we affirm.  However, we remand to the district court to set a visitation schedule consistent with this opinion.

Case No. 22-0298:  State of Iowa v. Kevin William Maas

Filed Sep 21, 2022

View Opinion No. 22-0298

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Kevin Maas appeals his conviction based on an alleged defect in his plea proceedings.  He contends the record shows no evidence that he was advised of his constitutional rights before entering a guilty plea.  OPINION HOLDS: As Maas has not demonstrated a potential ground for relief to support an appeal from a guilty plea, we are without jurisdiction to hear the appeal, and it must be dismissed.

Case No. 22-0404:  In the Interest of S.G., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-0404

            Appeal from the Iowa District Court for Monona County, Mark Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A father appeals the termination of his parental rights to his six-year-old child under Iowa Code section 600A.8 (2021).  OPINION HOLDS: 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. 22-0464:  Jeremy J. Bowman v. Denyel L. Doughman, a/k/a Denyel L. Jones

Filed Sep 21, 2022

View Opinion No. 22-0464

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED AS MODIFIED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Denyel Jones and Jeremy Bowman are the never-married parents of one child.  After Denyel moved with the child to Arizona, Jeremy asked the court to award the parents joint legal custody and to give him physical care of the child.  The district court gave Denyel physical care, which Jeremy appeals.  Each parent asks for appellate attorney fees.  OPINION HOLDS: We give Jeremy physical care of the child; we decline to award either parent appellate attorney fees.  We remand to the district court to determine Denyel’s child-support obligation consistent with the change in physical care. 

Case No. 22-0515:  In the Interest of J.M. and C.S., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-0515

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (9 pages)

            A mother appeals the termination of her parental rights, challenging the statutory grounds for termination, the efforts made to reunify her with the children, and the denial of her request for more time.  OPINION HOLDS: We affirm the juvenile court’s order terminating the mother’s parental rights.

Case No. 22-0543:  In the Interest of T.P. and H.P., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-0543

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother and father separately appeal the termination of their parental rights to two children, T.P. and H.P.  The mother argues she should have been granted a continuance of the termination hearing, while the father contends, he should have received an exception because he is incarcerated.  Both maintain termination is not in the best interests of the children.  OPINION HOLDS: Finding no merit to the arguments tenuously outlined by either parent, we affirm termination of their parental rights to both children.

Case No. 22-0598:  State of Iowa v. Benjaman Lee Hunsucker

Filed Sep 21, 2022

View Opinion No. 22-0598

            Appeal from the Iowa District Court for Union County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

            Benjamin Hunsucker appeals the suspended sentences imposed following his written guilty pleas to first-degree harassment and stalking, claiming “he misunderstood the plea agreement”; he was not provided with evidence “that would have been favorable to the defense”; and a deferred judgment should have been granted.  OPINION HOLDS: Good cause does not exist to bring the non-sentencing challenges, and the district court did not abuse its discretion in denying deferred judgment.

Case No. 22-0723:  In the Interest of S.P. and T.P., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-0723

            Appeal from the Iowa District Court for Dickinson County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            M.K. appeals the termination of her parental rights to two children.  OPINION HOLDS: We find reasonable effort services were provided, the statutory ground for termination is satisfied, an extension is not warranted, and termination is in the children’s best interests.  Therefore, we affirm termination of the mother’s parental rights to S.P. and T.P.

Case No. 22-0803:  In the Interest of L.R., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-0803

            Appeal from the Iowa District Court for Dickinson County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            A mother and father separately appeal the termination of their respective parental rights.  They both argue (1) the statutory grounds relied upon for termination were not satisfied, in part because the State failed to make reasonable efforts towards reunification; (2) termination is not in the child’s best interests; (3) their respective bonds with the child should preclude termination, and (4) they should be given additional time to work toward reunification.  OPINION HOLDS: Statutory grounds authorizing termination were satisfied, and the parents’ reasonable-efforts challenges were not preserved.  Termination is in the child’s best interests.  The parent-child bonds are not so strong to preclude termination.  And we decline to award either parent additional time to work toward reunification.

Case No. 22-0846:  In the Interest of M.B.-S. and K.S., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-0846

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

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the grounds for termination have been established, termination is in the children’s best interests, and no permissive exception applies.  We affirm.

Case No. 22-0852:  In the Interest of G.T., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-0852

            Appeal from the Iowa District Court for Ida County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            A father appeals the termination of his parental rights, challenging the statutory grounds for termination, the efforts made to reunify him with his child, the denial of his request for more time, and the effectiveness of his attorneys.  OPINION HOLDS: We affirm the juvenile court’s order terminating the father’s parental rights.

Case No. 22-0900:  In the Interest of J.M., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-0900

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

            A mother appeals the termination of her parental rights to a child born in 2013.  She contends: (I) the State failed to prove the grounds for termination cited by the district court; (II) termination was not in the child’s best interests; (III) the district court should have declined to terminate her parental rights based on her bond with the child; and (IV) she should have been afforded additional time to reunify with the child.  OPINION HOLDS: We affirm termination of the mother’s parental rights to the child.

Case No. 22-0963:  In the Interest of M.W., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-0963

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We conclude termination of the father’s parental rights is in the child’s best interests.  We determine there is clear and convincing evidence in the record to support termination of the mother’s parental rights, the mother waived her claim concerning reasonable efforts, and she did not preserve error on her request for an extension of time.  We affirm on both appeals.

Case No. 22-0998:  In the Interest of Y.C., B.C., and Y.C., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-0998

            Appeal from the Iowa District Court for Wright County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to three children, contending the district court should have afforded her “another six months for reunification” and termination was not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 22-1015:  In the Interest of D.R., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-1015

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

            A mother appeals the termination of her parental rights, claiming the State did not provide reasonable efforts to reunite the family.  She also argues termination was not in the best interest of the child.  OPINION HOLDS:  We find the mother’s reasonable efforts argument to be unpreserved and determine that termination is in the child’s best interest.  We affirm.

Case No. 22-1034:  In the Interest of A.C., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-1034

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Tabor, J.  (11 pages)

            A father appeals the termination of his parental rights.  He contends the State failed to present clear and convincing evidence of the statutory grounds for termination, it is not in A.C.’s best interests to terminate his rights, and the juvenile court should have determined the statutory permissive factors precluded termination.  OPINION HOLDS: We agree with the findings of the juvenile court.  Because A.C.’s therapist discourages any contact with her father until he acknowledges he sexually abused her, we find the statutory grounds were satisfied.  It is in A.C.’s best interests to terminate her parental relationship with Joshua.  And no permissive factor prevents termination.  So we affirm.

Case No. 22-1138:  In the Interest of L.L.-F. and L.L.-F., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-1138

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: On our de novo review, we affirm.

Case No. 22-1140:  In the Interest of S.G. and R.W., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-1140

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            C.W. appeals the termination of her parental rights to two children.  OPINION HOLDS: The mother does not contest the elements to at least one statutory ground for termination for each child.  Because we find termination in the children’s best interests and no exception should be applied, we affirm termination of the mother’s parental rights to these children.

Case No. 22-1173:  In the Interest of L.F., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-1173

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON MOTHER’S APPEAL; REVERSED AND REMANDED ON POTENTIAL FATHER’S APPEAL.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (9 pages)

            The mother and the potential biological father, K.A., appeal the termination of their parental rights to L.F., who was born in late 2021.  OPINION HOLDS: Because we cannot say the mother will be able to parent L.F. if given an additional six months and termination of her rights is in the child’s best interests, we affirm the termination of the mother’s parental rights.  However, the failure of the Iowa Department of Human Services to comply with a court order to paternity test K.A., combined with the department’s failure to provide him any other family centered services (except the offer of visits) constitutes a failure to make reasonable efforts.  We reverse the termination of K.A.’s possible parental rights and remand for paternity testing and, if he is confirmed as L.F.’s biological father, additional services.

Case No. 22-1179:  In the Interest of C.E. and S.E., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-1179

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            A mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: The record established that the children could not be safely returned to the mother’s care, so the statutory ground authorizing termination is satisfied.  The parent-child bonds are not strong enough to preclude termination, which is in the children’s best interests.

Case No. 22-1180:  In the Interest of J.T., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-1180

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

            A father appeals the termination of his parental rights, arguing the State failed to prove the grounds for termination and that the strength of the bond between him and the child outweighs the need for termination.  OPINION HOLDS: Because the State established the grounds for termination and the strength of the bond between the father and the child does not outweigh the need for termination, we affirm the juvenile court’s termination of the father’s parental rights. 

Case No. 22-1193:  In the Interest of E.O. and O.O., Minor Children

Filed Sep 21, 2022

View Opinion No. 22-1193

            Appeal from the Iowa District Court for O'Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother appeals the review order in a child-in-need-of-assistance proceeding and the ruling on her motion for reasonable efforts.  She requests more frequent and longer visits.  OPINION HOLDS: Following the review hearing, the juvenile court rejected the mother’s reasonable efforts challenge and left the details of visitation, including frequency, length, and supervision, to the Department of Health and Human Services.  On our de novo review, we agree that despite recent progress, the mother’s lack of accountability for her physical and emotional abuse of the children means her interactions should remain at the discretion of the department.  We affirm. 

Case No. 22-1255:  In the Interest of A.G., Minor Child

Filed Sep 21, 2022

View Opinion No. 22-1255

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

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The State proved the grounds for termination under Iowa Code section 232.116(1)(f) (2022), and termination is in the child’s best interests.  Because delaying permanency would not eliminate the need for the child’s removal, we decline to grant the mother additional time for reunification under section 232.104(2)(b).

Case No. 20-1581:  Leroy Yates, Jr. v. Iowa Board of Medicine

Filed Aug 31, 2022

View Opinion No. 20-1581

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Danilson, S.J.  Opinion by Tabor, P.J.  (17 pages)

            A cosmetic surgeon challenges a judicial review order affirming the Iowa Board of Medicine findings of professional incompetency, practice harmful to the public, unethical and unprofessional conduct, inappropriate prescribing, and improper record management.  OPINION HOLDS: We find substantial evidence to support the Board’s sanctions on all contested grounds.  In doing so, we conclude the Board properly interpreted the term “acute” in its rule.  We decline to reach the merits of the doctor’s ancillary issues because they were not preserved for our review.

Case No. 21-0482:  John Franklin Deering v. State of Iowa

Filed Aug 31, 2022

View Opinion No. 21-0482

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

            John Deering appeals the denial of his application for postconviction relief following his convictions of first-degree kidnapping, attempt to commit murder, and willful injury.  Deering asserts “the State did not prove the victim suffered the admitted serious injury as a consequence of the kidnapping,” and in his view, his trial attorneys were “ineffective” in “failing to move for judgment of acquittal” on this basis.  OPINION HOLDS: We affirm the court’s denial of the postconviction-relief application.

Case No. 21-0714:  In re the Marriage of Bohr

Filed Aug 31, 2022

View Opinion No. 21-0714

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Gerald Bohr appeals the district court’s order granting an amended application to certify child support arrearage and unreimbursed medical expenses owed to Patsy O’Hara, arguing the Supremacy Clause of the United States Constitution and preemptive federal law prevents him from being dispossessed of “federal disability pay or property in lieu thereof.”  OPINION HOLDS: Upon our review, we affirm.

Case No. 21-0877:  State of Iowa v. Sam Daniel Abu Youm

Filed Aug 31, 2022

View Opinion No. 21-0877

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson (Motion to Suppress) And Lawrence P. McLellan (Trial), Judges.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Mullins, S.J.*  Opinion by Greer, P.J. (12 pages)

            Sam Abu Youm appeals from his conviction for two counts of possession of a controlled substance with the intent to deliver and two corresponding counts of failure to possess a tax stamp.  He argues the district court erred in denying both his motion to suppress and motion for a new trial.  OPINION HOLDS: As the emergency aid exception allowed for the warrantless entry into and initial search of Abu Youm’s apartment and the district court did not abuse its discretion in denying his motion for a new trial, we affirm.

Case No. 21-0895:  State of Iowa v. Riki Ellen Harrington

Filed Aug 31, 2022

View Opinion No. 21-0895

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

            Riki Harrington appeals her convictions and sentences for ongoing criminal conduct and first-degree theft.  OPINION HOLDS: After viewing all the evidence in the light most favorable to upholding the verdict, we conclude a rational person could find beyond a reasonable doubt that Harrington took money from her office, so we affirm Harrington’s convictions.  The district court did not adhere to a fixed sentencing policy but exercised its discretion and in denying Harrington deferred judgment.  We affirm her sentences.

Case No. 21-0904:  Brian R. Evans v. State of Iowa

Filed Aug 31, 2022

View Opinion No. 21-0904

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, JJ., and Danilson, S.J.* Opinion by Schumacher, P.J.  (7 pages)

            A convicted sex offender appeals the district court’s denial of his sex offender registration requirements, contending there was an abuse of discretion.  The offender argues the district court abused its discretion in denying his modification request.  OPINION HOLDS: Though categorized as a low risk, the court viewed Evans as a present public safety risk to children, a decision that we do not view as clearly untenable or clearly unreasonable.  Finding that the district court did not abuse its discretion, we affirm.

Case No. 21-0906:  Dustin McDanel v. State of Iowa

Filed Aug 31, 2022

View Opinion No. 21-0906

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

            Dustin McDanel appeals the denial of his application for postconviction relief.  OPINION HOLDS: Trial counsel did not breach an essential duty, so McDanel’s ineffective-assistance claim fails.

Case No. 21-0971:  State of Iowa v. Yahye Sallahadin

Filed Aug 31, 2022

View Opinion No. 21-0971

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Yahye Sallahadin challenges the sufficiency of the evidence supporting his conviction for third-degree sexual abuse.  OPINION HOLDS: Testimony from the complaining witness established Sallahadin performed a sex act on her while she was mentally incapacitated or physically helpless.

Case No. 21-0981:  Tommy Marion Copeland v. State of Iowa and Iowa Air National Guard

Filed Aug 31, 2022

View Opinion No. 21-0981

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  Dissent by Tabor, J. (15 pages)

            Tommy Copeland appeals the denial of his petition for writ of certiorari following his termination as an air base security guard for the Iowa Air National Guard.  Copeland claims that, as a veteran, he was entitled to a pre-termination hearing under the Iowa Veterans Preference Act in Iowa Code chapter 35C (2020).  OPINION HOLDS: On our review of the record, we agree with the district court that Copeland’s position as an air base security officer placed him in a confidential relation with his appointing authority.  That confidential relation bars the application of the statutory removal protection provided in section 35C.6.  Accordingly, we affirm the district court’s denial of Copeland’s petition for writ of certiorari.  DISSENT ASSERTS: I respectfully dissent.  I would find Tommy Copeland did not do “strictly confidential” work for the adjutant general so he does not fall within the exception to the veterans-preference statute in Iowa Code section 35C.8 (2020). 

Case No. 21-1063:  State of Iowa v. David Joel Sexton Hatfield

Filed Aug 31, 2022

View Opinion No. 21-1063

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Mullins, S.J.  Opinion by Bower, C.J.  (6 pages)

            David Hatfield appeals his conviction for first-degree murder, in violation of Iowa Code section 707.2(1)(a) (2019).  He contends his trial counsel was ineffective in failing to object to the prosecutor’s closing statements and the trial court erred in overruling his hearsay objection to the decedent’s mother’s testimony about her daughter’s previous suicide attempt.  OPINION HOLDS: We have no authority to consider a claim of ineffective assistance of counsel on direct appeal.  The trial court did not err in allowing the statement as one of “then-existing state of mind.”  We affirm.

Case No. 21-1076:  Brian L. Watters and Karen R. Watters v. Jeffrey V. Medinger

Filed Aug 31, 2022

View Opinion No. 21-1076

            Appeal from the Iowa District Court for Jackson County, John Telleen, Judge.  AFFIRMED.  Considered by Viatheswaran, P.J., Ahlers, J., and Mullins, S.J.  Greer, J., takes no part.  Opinion by Mullins, S.J.  (14 pages)

            Brian and Karen Watters (collectively plaintiffs) appeal the denial of their motion for a new trial following a jury verdict on their claims against Jeffrey Medinger stemming from erosion on the plaintiffs’ property allegedly caused by Medinger.  OPINION HOLDS: Finding no error or abuse of discretion in the district court’s denial of the plaintiffs’ motion for a new trial, we affirm.

Case No. 21-1082:  In the Matter of the Estate of Robert Scott Darrah, Deceased.

Filed Aug 31, 2022

View Opinion No. 21-1082

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  CONDITIONALLY AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Bower, C.J.  (16 pages)

            Robert J. Darrah appeals the district court order that set aside the order admitting a lost will to probate in Robert Scott Darrah’s estate.  OPINION HOLDS: We find no legal error in the district court order as to the timeliness of the minor children’s motion to set aside and conclude substantial evidence supports the district court’s ruling that Robert did not prove a diligent search had been made.  We conditionally affirm the order and remand to the district court. 

Case No. 21-1087:  In re The Marriage of Reinking

Filed Aug 31, 2022

View Opinion No. 21-1087

            Appeal from the Iowa District Court for Howard County, Alan T. Heavens, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Jeffery Reinking appeals the district court order quashing the execution against Lori Throndson for unpaid support payments.  OPINION HOLDS: On our de novo review, we conclude the district court appropriately quashed the execution.

Case No. 21-1088:  In re The Marriage of Gust

Filed Aug 31, 2022

View Opinion No. 21-1088

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., Ahlers, JJ., and Mullins, S.J.  Opinion by Schumacher, P.J.  (9 pages)

A former spouse appeals a district court decision that modified the amount and duration of alimony to be paid by her ex-husband.  OPINION HOLDS: We affirm the court’s modification of spousal support from $2000 a month to $500 a month but modify the court’s decision to terminate the spousal support when the receiving spouse turns sixty-two.  We extend the payment of the reduced amount to the date the receiving spouse turns sixty-seven years old, the payor’s death, the payee’s death, or the payee’s remarriage, whichever occurs earlier.  We decline to award appellate attorney fees. 

Case No. 21-1226:  L.F. Noll, Inc. v. Premiere Business Solutions, LLC

Filed Aug 31, 2022

View Opinion No. 21-1226

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (15 pages)

            A garnishee appeals entry of judgment against it for funds owed to a creditor by a defendant, arguing (1) it was never provided with prior notice that judgment could be entered for the full amount; (2) no judgment should have been entered against it under Iowa Code section 642.13 (2020) because it was neither indebted to the defendant nor in the possession of her property when the notice of garnishment was served; and (3) if judgment in some form was proper, it should have been limited to the amount owed by the garnishee to the defendant.  OPINION HOLDS: The garnishee had sufficient notice and the court had subject matter jurisdiction of the dispute before it.  However, the garnishee was only liable to the creditor for amounts it failed to properly withhold.  We reverse the entry of judgment and remand for reconsideration consistent with this opinion.  The creditor’s request for attorney fees is denied.

Case No. 21-1362:  State of Iowa v. Juan Jose Contreras-Mendoza

Filed Aug 31, 2022

View Opinion No. 21-1362

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Juan Jose Contreras Mendoza appeals his convictions for two counts of second-degree sexual abuse, contending (I) the district court abused its discretion in denying his motion to sever the charges for separate trials; (II) the court of appeals should address his attorney’s failure to request a particular jury instruction under a plain-error standard; and (III) the district court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: Upon our review, we affirm.

Case No. 21-1365:  A.Y. McDonald Industries, Inc. v. Michael B. McDonald

Filed Aug 31, 2022

View Opinion No. 21-1365

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Greer, P.J., Schumacher, J., and Scott, S.J.  Opinion by Greer, J.  (13 pages)

                Michael McDonald appeals the denial of his motion to quash a garnishment by A.Y. McDonald Industries, Inc. (A.Y.).  OPINION HOLDS: We affirm the district court’s ruling as to the J. Bruce McDonald Trust; the district court previously ruled in a 2019 proceeding that A.Y. could garnish the funds placed in a subaccount for Michael, and Michael failed to appeal the court’s ruling.  Res judicata precludes him from relitigating the issue now.  As to the Delos L. McDonald Trust, we reverse the district court’s ruling; while funds may have been “distributed” to Michael, he has not actually received them—which is necessary for the creditor to reach them.

Case No. 21-1559:  West Central Cooperative and Farmland Mutual Insurance Company v. Brett V. Sullivan

Filed Aug 31, 2022

View Opinion No. 21-1559

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (20 pages)

            Brett Sullivan, who was injured in a workplace accident in 2011, sought authorization from West Central Cooperative and Farmland Mutual Insurance Company for a trial of a spinal cord stimulator (SCS) to treat chronic back pain.  The employer denied liability, arguing Sullivan’s chronic back pain was not causally related to the 2011 accident and, alternatively, that the SCS trial was not a reasonable and necessary treatment for the pain.  The commissioner concluded the back pain was causally related and the SCS trial was reasonable and necessary.  On rehearing, the commissioner concluded that Sullivan proved the treatment offered by the employer was unreasonable.  The district court affirmed.  Here on appeal, the employer argues there is not substantial evidence to support the commissioner’s ruling that Sullivan’s chronic back pain is causally related to his 2011 work injury or that the SCS trial is reasonable and necessary treatment for the back pain.  The employer also challenges whether the commissioner’s determination that the treatment being provided by the employer was unreasonable constitutes an abuse of discretion or an error at law.  OPINION HOLDS: Because the employer denied liability for Sullivan’s back pain, this case was not heard in an alternate-medical-care proceeding, and the employer does not get the benefit of the deference it would have been afforded if it was.  Insofar as the commissioner and district court concluded Sullivan had to prove that any treatment offered by the employer was unreasonable, the ruling was in error.  However, because we agree with the district court that the commissioner’s rulings Sullivan’s chronic back pain is causally related to the 2011 workplace accident and that the SCS trial is reasonable and necessary treatment are supported by substantial evidence, we affirm. 

Case No. 21-1725:  State of Iowa v. McKinley Dudley, Jr.

Filed Aug 31, 2022

View Opinion No. 21-1725

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

            A defendant appeals his sentence following a plea of guilty to operating while intoxicated, third offense, as a habitual offender.  OPINION HOLDS: Finding no abuse of discretion by the district court, we affirm.

Case No. 21-1756:  State of Iowa v. Jason Alan Adams

Filed Aug 31, 2022

View Opinion No. 21-1756

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

            A defendant appeals his sentences, claiming the district court did not provide adequate reasons for imposing consecutive sentences.  OPINION HOLDS:  Finding no abuse of discretion, we affirm.

Case No. 21-1767:  State of Iowa v. Joe Elvin Farnum, Jr.

Filed Aug 31, 2022

View Opinion No. 21-1767

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

            Joe Farnum Jr. appeals his sentence imposed by the district court.  He claims the district court abused its discretion when it sentenced him to incarceration because the court did not sufficiently consider his opportunities for rehabilitation within the community and instead only focused on his likelihood to reoffend.  OPINION HOLDS: The district court considered a multitude of permissible factors when fashioning its sentencing determination, so we conclude the district court did not abuse its discretion.

Case No. 21-1829:  Sondra Marie Thurman v. Jeremy Shuey

Filed Aug 31, 2022

View Opinion No. 21-1829

            Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Schumacher, J.  (7 pages)

            Sondra Thurman appeals the district court’s decision denying her request to modify the physical care provision of the paternity decree placing the parties’ two children in the physical care of Jeremy Shuey.  OPINION HOLDS: Sondra has failed to show a substantial change in circumstances.  After considering the financial conditions of the parties, we deny Jeremy’s request for appellate attorney fees.

Case No. 21-1930:  State of Iowa v. John Henry Walker

Filed Aug 31, 2022

View Opinion No. 21-1930

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Tabor, J.  (4 pages)

            A defendant appeals his consecutive sentences contending the court failed to properly weigh the presentence investigation (PSI) report’s recommendation or consider that his three offenses concerned the same circumstances.  OPINION HOLDS: The court is not bound by the PSI report’s recommendation.  The court did consider the report, along with other appropriate factors, and the similar circumstances of the offenses had no bearing the separate and distinct harms inflicted on the victim.  We affirm the consecutive sentences.

Case No. 22-0142:  Connor Nicholas Riehm v. Kayla Michelle Wasson

Filed Aug 31, 2022

View Opinion No. 22-0142

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

            A father appeals from an order modifying physical care of his child and placing the child with the mother.  He also challenges the resulting modification of child support.  OPINION HOLDS: The mother established a material and substantial change in circumstances to warrant a change in the child’s physical care.  The mother can provide superior care to the child, so we agree with the district court’s modification of physical care.  Accordingly, the district court was correct to also modify the child support award to reflect the change in physical care.

Case No. 22-0281:  In the Interest of B.J., Minor Child

Filed Aug 31, 2022

View Opinion No. 22-0281

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

            A father appeals the termination of his parental rights through an Iowa Code chapter 600A (2021) action.  OPINION HOLDS: We agree with the juvenile court that the father abandoned the child for two reasons.  First, he does not challenge the finding that he failed to provide the child with financial support within his means.  And second, the father has not maintained contact with the child, and the mother did not prevent contact between the father and child.

Case No. 22-0688:  In the Interest of L.S., Minor Child

Filed Aug 31, 2022

View Opinion No. 22-0688

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

            The mother and father separately appeal the termination of their parental rights to L.S., who was born in early 2021. OPINION HOLDS: We agree with the juvenile court that it is not in L.S.’s best interests to give the mother additional time to work toward reunification.  As to the father—he does not challenge termination under Iowa Code section 232.116(1)(h) (2022), termination of his rights is in L.S.’s best interests, and we cannot say the child could be in his care in six months.  We affirm the termination of each parent’s rights. 

Case No. 22-0702:  In the Interest of L.N. and L.S., Minor Children

Filed Aug 31, 2022

View Opinion No. 22-0702

            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., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            A mother and father separately appeal the termination of their respective parental rights.  Both challenge the statutory grounds authorizing termination and whether the juvenile court should have given them the full six months of a previously granted extension to work toward reunification.  The mother also argues termination is not in the children’s best interests and that her bond with the children should preclude termination.  OPINION HOLDS: The children could not be safely returned to either parent, so statutory grounds authorizing termination were met.  The court was not required to wait the full six months of the previously granted extension before terminating the parents’ rights.  Termination of the mother’s rights was in the children’s best interests.  And the mother’s bond with the children was not strong enough to preclude termination.

Case No. 22-0788:  In the Interest of J.C., Minor Child

Filed Aug 31, 2022

View Opinion No. 22-0788

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

            A father appeals the termination of his parental rights to his daughter, who is now four years old.  He contends the State failed to prove a statutory ground for termination by clear and convincing evidence, that termination is not in the child’s best interests, and he asks to delay permanency for six months.  OPINION HOLDS: Because we are unconvinced by any of his three arguments, we affirm. 

Case No. 22-0857:  In the Interest of Z.B., Minor Child

Filed Aug 31, 2022

View Opinion No. 22-0857

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

            The father appeals the termination of his parental rights.  The father argues the State failed to prove the statutory grounds for termination, termination is not in the child’s best interests, and the juvenile court should have used a permissive exception to avoid termination.  OPINION HOLDS: Because grounds for termination exist, termination is in the child’s best interests, and the permissive exception is not appropriate, we affirm the termination of the father’s parental rights.

Case No. 22-0878:  In the Interest of S.S. and G.S., Minor Children

Filed Aug 31, 2022

View Opinion No. 22-0878

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

            A father and mother separately appeal the termination of their parental rights to two children, born in 2018 and 2019.  Both parents (I) challenge the evidence supporting the ground for termination cited by the juvenile court; (II) argue termination was not in the children’s best interests; (III) assert termination was detrimental due to the closeness of the parent-child bond; and (IV) argue they should have been afforded six additional months to facilitate reunification.  OPINION HOLDS: We affirm the juvenile court’s termination of parental rights to these two children.

Case No. 22-0949:  In the Interest of A.U. and J.U., Minor Children

Filed Aug 31, 2022

View Opinion No. 22-0949

            Appeal from the Iowa District Court for Johnson County, Joan Black, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights to the two youngest of their five children under Iowa Code section 232.116(1)(h) (2022).  Claiming that cultural differences were the motivating factor in terminating their parental rights, the parents challenge each of the three steps in the termination process.  The father also claims he should have been granted more time to work toward reunification.  OPINION HOLDS:  We affirm the juvenile court’s order terminating both parents’ rights to these two children.   

Case No. 22-0967:  In the Interest of T.B., J.B., and J.B., Minor Children

Filed Aug 31, 2022

View Opinion No. 22-0967

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            A mother and father appeal the termination of their parental rights.  They contend the court should have instituted a guardianship in lieu of termination based on the best interests of the children, or applied a statutory exception to termination.  They also claim the juvenile court should have bifurcated the role of guardian ad litem and counsel for one of the children.  OPINION HOLDS: Termination of the parents’ rights is in the best interests of the children, and none of the statutory exceptions apply.  We also find a guardianship is not appropriate on these facts and that the court did not abuse its discretion in declining to bifurcate the attorney and guardian ad litem’s role for the eldest child.  We affirm. 

Case No. 22-0979:  In the Interest of D.B. and D.B., Minor Children

Filed Aug 31, 2022

View Opinion No. 22-0979

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (8 pages)

            The father appeals the termination of his parental rights to his two sons.  He argues the evidence cited by the district court was insufficient to terminate his rights, termination was not in the children’s best interests due to their close bond, and he should be allowed six months to achieve reunification.  OPINION HOLDS: Because there is sufficient evidence of the father’s active methamphetamine addiction and high risk of relapse, the disadvantages of terminating the parent-child relationships are outweighed by safety concerns for the children, and no specific reasoning exists to believe that such concerns will be remedied within six months, we affirm.

Case No. 22-1109:  In the Interest of A.B. and J.S., Minor Children

Filed Aug 31, 2022

View Opinion No. 22-1109

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

            A father appeals the termination of his parental rights, contending there is not clear and convincing evidence of any ground for termination.  He also asserts termination is not in the children’s best interests and is not necessary because the children are in the custody of a relative.  OPINION HOLDS: We affirm.

Case No. 22-1141:  In the Interest of S.D., Minor Child

Filed Aug 31, 2022

View Opinion No. 22-1141

            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., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  Both challenge the statutory grounds for termination and argue termination is not in the child’s best interests.  The mother also requests additional time to work toward reunification.  OPINION HOLDS: The child could not be safely returned to either parent, so a statutory ground for termination was satisfied.  Termination is in the child’s best interests.  And we do not grant the mother additional time.

Case No. 22-1150:  In the Interest of L.L., Minor Child

Filed Aug 31, 2022

View Opinion No. 22-1150

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

            A father appeals the termination of his parental rights.  He claims the State has not established a ground for termination.  He also claims that termination is not in the child’s best interests.  OPINION HOLDS: We find the State proved a ground for termination and that termination is in the child’s best interest.  We affirm. 

Case No. 20-0914:  State of Iowa v. Alexander Shantee Thomas Ross

Filed Aug 17, 2022

View Opinion No. 20-0914

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge.  CONVICTIONS AND SENTENCES VACATED AND CASE REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. Dissent by Greer, J.  (13 pages)

            Alexander Ross appeals his convictions and sentences for two counts of sexual abuse in the second degree.  OPINION HOLDS:  There was sufficient evidence to uphold Ross’s convictions; however, due to the resulting prejudice from the improper noncorroboration jury instructions, his convictions and sentences must be vacated and the case remanded for a new trial.  DISSENT ASSERTS:  I respectfully dissent; I would affirm Ross's conviction because the district court gave a noncorroboration instruction of which our supreme court seemed to approved in State v. Kraai, 969 N.W.2d 487, 495 (Iowa 2022).

Case No. 21-0206:  State of Iowa v. Robert Conway, III

Filed Aug 17, 2022

View Opinion No. 21-0206

            Appeal from the Iowa District Court for Grundy County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            A defendant appeals his convictions for lascivious conduct with a minor.  He claims the district court abused its discretion by excluding evidence under the rape-shield law and admitting evidence of his silence.  He also claims the court should have granted his motion for new trial based on the inconsistency in the verdicts.  OPINION HOLDS: The district court did not abuse its discretion in determining the rape-shield law prevented admission of certain evidence or in permitting evidence of the defendant’s prearrest avoidance of law enforcement.  And we conclude the verdicts were not inconsistent.

Case No. 21-0404:  State of Iowa v. Jesus Sanchez

Filed Aug 17, 2022

View Opinion No. 21-0404

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Jesus Sanchez appeals his convictions for possession of a controlled substance with intent to manufacture or deliver and failure to affix a tax stamp.  OPINION HOLDS: We reject Sanchez’s challenges to his waiver of Miranda rights, find the district court did not abuse its discretion in admitting a laboratory report and the tested substances, and find sufficient evidence to support Sanchez’s convictions.

Case No. 21-0478:  Rick Mrla a/k/a Robert Marion Richard Mrla v. Mary Georgianna Hiner and Georgie Anne Quinlain

Filed Aug 17, 2022

View Opinion No. 21-0478

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Rick Mrla appeals the district court’s grant of summary judgment.  OPINION HOLDS: Rick cannot establish that he had a contract with the owner of the land at issue, which is fatal to his claim.  Accordingly, the grant of summary judgment was proper.

Case No. 21-0785:  Brandon E. Brown v. State of Iowa

Filed Aug 17, 2022

View Opinion No. 21-0785

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Brandon Brown appeals the district court’s denial of his application to modify his sex offender registry requirements.  OPINION HOLDS: The district court erred when it found that Brown did not meet the step-one requirement to modify his registry requirements.  The district court did not provide sufficient analysis regarding step two so that we may determine whether it abused its discretion on that step.  Accordingly, the matter is remanded for rehearing on step two.

Case No. 21-1001:  Kimberly A. Meek v. Gary Brown, Jr.

Filed Aug 17, 2022

View Opinion No. 21-1001

            Appeal from the Iowa District Court for Tama County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Bower, C.J.  (8 pages)

            Kimberly Meek appeals the district court’s denial of her petition to modify a custody decree.  OPINION HOLDS: We affirm the district court’s legal custody ruling and the modification of Gary’s visitation.

Case No. 21-1079:  Glenn Robert Webster v. State of Iowa

Filed Aug 17, 2022

View Opinion No. 21-1079

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Danilson, S.J.  Opinion by Tabor, P.J.  (7 pages)

            A prisoner appeals the denial of postconviction relief (PCR), alleging trial counsel was ineffective for not asking the district court to find good cause for late filing his motion to dismiss.  The PCR court found no prejudice.  OPINION HOLDS: We agree the applicant failed to show a reasonable probability of a different outcome had counsel handled the motion differently, and we affirm. 

Case No. 21-1098:  In the Interest of L.E., E.E., and S.B., Minor Children

Filed Aug 17, 2022

View Opinion No. 21-1098

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (19 pages)

            A mother of three children and a father of two of those children separately appeal the termination of their parental rights, challenging each step in the termination framework and raising some ancillary issues.  OPINION HOLDS: We find clear and convincing evidence that the State made reasonable efforts to reunify the children with these parents but, despite those efforts, grounds for termination exist under Iowa Code section 232.116(1)(f) (2021).  We further find that termination is in the children’s best interests and that no permissive exception should be applied to preclude that result.  We agree with the juvenile court’s rejection of a guardianship for the oldest child and its denial of the mother’s request for additional time.  Finally, we conclude that if any error occurred in the court’s denial of intervention, it was not prejudicial to the father.  The court’s ruling is affirmed as to both parents. 

Case No. 21-1194:  In re the Marriage of Tunink

Filed Aug 17, 2022

View Opinion No. 21-1194

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Erica Tunink appeals from the district court’s property distribution and denial of trial attorney fees regarding the dissolution of her marriage to Brian Tunink.  OPINION HOLDS: We modify the district court’s decree to require Brian to pay a property settlement payment to Erica.  We affirm the denial of Erica’s claim for trial attorney fees, and we deny her request for appellate attorney fees.

Case No. 21-1214:  Savings Bank Primghar v. Kelley

Filed Aug 17, 2022

View Opinion No. 21-1214

            Appeal from the Iowa District Court for O’Brien County, Nancy L. Whittenburg, Judge.  AFFIRMED IN PART, REVERSED AND VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (12 pages)

            Mary Iverson and Douglas Kelley appeal from summary judgment entered in favor of Savings Bank Primghar on its request for declaratory judgment and conversion regarding the Gregory Henry Autenrieth Trust (Trust) and the denial of Kelley’s application to intervene as executor of Greg Autenrieth’s estate.  OPINION HOLDS: We affirm the decree that the settlor failed to exercise his general power of appointment and the bank is entitled to the possession of the funds distributed to Iverson and Kelley because they are not contingent beneficiaries under the Trust.  We reverse and vacate the court’s ruling to the extent it made findings of fact and decreed the ultimate disposition of the Trust funds.  We also conclude the district court erred in denying Kelley’s application to intervene as executor.  We remand for further proceedings.

Case No. 21-1523:  In the Matter of M.P., Alleged to be Seriously Mentally Impaired

Filed Aug 17, 2022

View Opinion No. 21-1523

            Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            M.P. appeals an order for involuntary hospitalization.  OPINION HOLDS: Substantial evidence supports the district court’s finding that M.P. is seriously mentally impaired as defined in Iowa Code section 229.1(20)(a) (2021).

Case No. 21-1528:  Roger Richard v. City of Dubuque and City of Dubuque Housing and Community Development Department

Filed Aug 17, 2022

View Opinion No. 21-1528

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (2 pages)

            Roger Richard appeals the denial of his application for permanent injunction.  OPINION HOLDS: We are unable to discern any issue that has been preserved for our review or that has been adequately developed that could provide a pathway to allowing Richard to prevail.  Therefore, we find no grounds for reversal and affirm without further opinion. 

Case No. 21-1552:  In re the Marriage of Humlicek

Filed Aug 17, 2022

View Opinion No. 21-1552

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Tabor, J.  (6 pages)

            A former husband appeals the district court ruling his motion to vacate his dissolution is time-barred.  The court also ruled, because the claim is based on intrinsic fraud, equitable relief is not available to him.  OPINION HOLDS: The district court correctly determined the fraud would have been intrinsic to the dissolution action and, as such, the husband could not bring his claim more than one year after the decree.  We agree his claim is time-barred and affirm. 

Case No. 21-1618:  State of Iowa v. Earl Elder Gilmore

Filed Aug 17, 2022

View Opinion No. 21-1618

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Ahlers, P.J. (3 pages)

            Earl Gilmore appeals his sentence for domestic abuse assault by strangulation causing bodily injury.  OPINION HOLDS: The district court considered proper sentencing factors and fully explained its reasons for the sentence imposed.  Even considering Gilmore’s mitigating factors, the sentence was within the court’s discretion.  We find no abuse of that discretion and affirm Gilmore’s sentence.

Case No. 21-1639:  Elijah Blue Hoyt v. August Marie Segovia

Filed Aug 17, 2022

View Opinion No. 21-1639

            Appeal from the Iowa District Court for Union County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (6 pages)

            A father appeals the custody decree awarding the mother physical care of their child.  He contends he is better able to serve the child’s long-term interests.  OPINION HOLDS: After considering the child’s continuity of care and educational needs, we affirm the district court. 

Case No. 21-1687:  State of Iowa v. Adam Michael Schaefer

Filed Aug 17, 2022

View Opinion No. 21-1687

            Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (5 pages)

            Adam Schaefer appeals his conviction for possession with intent to deliver methamphetamine.  OPINION HOLDS: We find the evidence sufficient to establish constructive possession and affirm.

Case No. 21-1717:  State of Iowa v. Reginald Creshawn Doss

Filed Aug 17, 2022

View Opinion No. 21-1717

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Considered by Ahlers, P.J., Chicchelly, J., and Danilson, S.J.*  Opinion by Chicchelly, J.  Special concurrence by Danilson, S.J.  (7 pages)

            Reginald Doss appeals his conviction and sentence for possession of marijuana with intent to deliver, in violation of Iowa Code section 124.401(1)(d) (2021).  OPINION HOLDS: Because sufficient evidence supports the defendant’s conviction and error was not preserved on his evidentiary challenge, we affirm Doss’s conviction.  We vacate Doss’s sentence and remand for resentencing due to an erroneous application of the law. SPECIAL CONCURRENCE ASSERTS: I concur specially to add that the validity of a sentencing order where the defendant’s presence is waived is highly dependent on the paper trail leading up to the issuance of the sentencing order. 

Case No. 21-1746:  Kara Lynn Redenius v. Ryan Allen Redenius

Filed Aug 17, 2022

View Opinion No. 21-1746

            Appeal from the Iowa District Court for Wright County, Gregg Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Ryan Redenius appeals the modification and extension of a final domestic abuse protective order issued under Iowa Code chapter 236 (2020) to protect his estranged wife, Kara Redenius.  OPINION HOLDS: Kara met her burden of showing Ryan continued to pose a safety threat to warrant the modification and extension of the protective order.  Iowa Code section 236.5(4) does not authorize an award of Ryan’s appellate attorney fees, but Kara is entitled to an award of her appellate attorney fees.  Because the record on appeal is incomplete as to the parties’ earnings, we remand to the district court for further proceedings to determine the amount of appellate attorney fees to award Kara.

Case No. 21-1761:  State of Iowa v. Justin Paul Parker

Filed Aug 17, 2022

View Opinion No. 21-1761

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (6 pages)

                       The defendant appeals his sentences contending the court failed to explain its imposition of consecutive sentences.  OPINION HOLDS: Seeing no reasons offered on the record for consecutive terms, we vacate the sentences and remand for resentencing.

Case No. 21-1762:  Cory William Plants v. Natascha April Kelderman

Filed Aug 17, 2022

View Opinion No. 21-1762

            Appeal from the Iowa District Court for Polk County, Paul Scott, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (16 pages)

            Cory Plants appeals from the order establishing paternity, custody, visitation rights, and the child-support obligation, which gave physical care of the parties’ minor child to the mother, Natascha Kelderman.  Cory argues he should be awarded physical care.  In the alternative, if we affirm physical care in Natascha, he asks that we increase his scheduled parenting time with A.P.  Natascha asks for an award of appellate attorney fees.  OPINION HOLDS: We affirm physical care in Natascha, modify the visitation schedule to add parenting time on a Friday or Monday that is adjacent to Cory’s weekend when A.P. does not have school, and deny Natascha’s request for appellate attorney fees. 

Case No. 21-1840:  State of Iowa v. Sara Margurite Carmona

Filed Aug 17, 2022

View Opinion No. 21-1840

            Appeal from the Iowa District Court for Muscatine County, John D. Telleen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (4 pages)

            Sara Carmona appeals the sentences imposed after pleading guilty to possession of methamphetamine with intent to deliver and operating while intoxicated.  OPINION HOLDS: Because the district court provided valid reasons for rejecting probation and the evidence supports the sentences imposed, we find no abuse of discretion and affirm.

Case No. 21-1918:  In re the Marriage of Rachael Kay Sokol and David Langdon Sokol

Filed Aug 17, 2022

View Opinion No. 21-1918

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (17 pages)

            David Sokol appeals the decree dissolving his marriage to Rachael Sokol.  He contends the court erred in providing Rachael tie-breaking authority within the award of joint legal custody.  He also claims the court erred in its property distribution, the amount and duration of spousal support, and in declining to award David trial attorney fees.  On appeal, both parties request appellate attorney fees.  OPINION HOLDS: We determine the district court improperly awarded Rachael tie-breaking authority in its joint-custody arrangement and its award of spousal support was inequitable.  We affirm the court’s property distribution and the court’s refusal to award David trial attorney fees.  We remand for an award of reasonable appellate attorney fees to David.  

Case No. 22-0101:  Estate of Butterfield v. Chautauqua Guest Home, Inc.

Filed Aug 17, 2022

View Opinion No. 22-0101

            Appeal from the Iowa District Court for Floyd County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            The Estate of Roberta Ann Butterfield appeals the district court’s dismissal of its claims against Chautauqua Guest Home, Inc. for failure to provide a certificate of merit affidavit pursuant to Iowa Code section 147.140 (2020).  The Estate contends it was not required to submit an affidavit under the statute, and if such an affidavit was required, then (1) the parties impliedly contracted out of the requirement, (2) Chautauqua waived the requirement, (3) the Estate substantially complied with the requirement, and/or (4) Chautauqua should be estopped from dismissal.  OPINION HOLDS: Finding an affidavit was required and failure to supply one was not relieved by the actions of either party, we affirm the dismissal.

Case No. 22-0166:  In the Interest of C.W., Minor Child

Filed Aug 17, 2022

View Opinion No. 22-0166

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (9 pages)

            The father appeals the private termination of his parental rights in an action brought by the child’s legal custodian to allow the child’s adoption.  The child’s mother, who voluntarily terminated her rights, joins the custodian in supporting termination of the father’s rights based on abandonment.  OPINION HOLDS: Because the custodian proved the father’s actions did not show a commitment to the child when he knew of the mother’s pregnancy nor after the child’s birth, the custodian proved abandonment.  We affirm.

Case No. 22-0167:  In re Marriage of Renken

Filed Aug 17, 2022

View Opinion No. 22-0167

Case No. 22-0238:  In re Marriage of Hargrafen

Filed Aug 17, 2022

View Opinion No. 22-0238

            Appeal from the Iowa District Court for Delaware County, Michael J. Shubatt, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (14 pages)

            Andrea Canby, formerly Andrea Hargrafen, appeals the parenting time and physical care provisions of the parties’ dissolution decree.  Kyle Hargrafen cross-appeals on the issues of physical care, daily video and/or telephone calls, and the distribution of marital property.  Both parties request appellate attorney fees.  OPINION HOLDS: We affirm on both appeals.  We decline to award appellate attorney fees.

Case No. 22-0269:  State of Iowa v. Gary Lee Jensen

Filed Aug 17, 2022

View Opinion No. 22-0269

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Gary Lee Jensen appeals the sentence imposed after his written guilty plea to eluding while exceeding the speed limit by twenty-five miles per hour or more, in violation of Iowa Code section 321.279(2) (2021).  He alleges the district court abused its sentencing discretion by failing to consider mitigating factors.  OPINION HOLDS: Finding no abuse of discretion, we affirm Jensen’s sentence.

Case No. 22-0294:  In the Interest of R.S.-W., Minor Child

Filed Aug 17, 2022

View Opinion No. 22-0294

            Appeal from the Iowa District Court for Emmet County, Ann M. Gales, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor, and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (11 pages)

            A mother and father separately appeal the termination of their parental rights to their child, arguing (1) the evidence does not support the grounds for termination, (2) the department of human services failed to make reasonable reunification efforts, (3) termination was not in the child’s best interests, (4) their bond with the child precluded termination, and (5) the district court should have placed the child with “fictive kin.”  The mother also argues (6) DHS “inappropriately delegated its discretion in visitation to the child’s therapist,” and the father argues (7) he should have been afforded six additional months to reunify.  OPINION HOLDS: The district court did not err as it relates to any of these seven arguments and, as such, termination of the parents’ rights to their child is affirmed.

Case No. 22-0682:  In the Interest of K.R. and K.R., Minor Children

Filed Aug 17, 2022

View Opinion No. 22-0682

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

            The mother appeals the termination of her parental rights to her two children, born in 2013 and 2018.  The juvenile court ordered termination under Iowa Code section 232.116(1)(f) and (h) (2021).  The mother argues the children could have been returned to her care at the time of the termination trial or, in the alternative, that she should have been given additional time to work toward reunification before a permanency decision is made.  She asserts that termination of her parental rights is not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to both children.

Case No. 22-0865:  In the Interest of J.R., Minor Child

Filed Aug 17, 2022

View Opinion No. 22-0865

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

            A mother appeals a dispositional order, contending the court should have returned the child to her custody.  OPINION HOLDS: We find the mother has not demonstrated that the purposes of the order have been achieved and the child could safely be returned home.  We affirm. 

Case No. 22-0867:  In the Interest of C.M., E.B., A.R., X.M., and D.M., Minor Children

Filed Aug 17, 2022

View Opinion No. 22-0867

            Appeal from the Iowa District Court for Wapello County, Stephen Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (3 pages)

            A mother appeals the termination of her parental rights to five children, arguing reasonable efforts at reunification were not made and termination is contrary to the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s rights.

Case No. 22-0871:  In the Interest of R.T., Minor Child

Filed Aug 17, 2022

View Opinion No. 22-0871

            Appeal from the Iowa District Court for Lee (South) County, Clinton R. Boddicker, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Tabor and Badding, JJ.  Opinion by Bower, C.J.  (16 pages)

            A mother and a father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals because grounds for termination exist, an extension is unwarranted, termination is in the child’s best interests, and we decline to invoke a permissive exception. 

Case No. 22-0886:  In the Interest of D.M.-N., Minor Child

Filed Aug 17, 2022

View Opinion No. 22-0886

            Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds for termination and argues termination is not in the child’s best interest.  OPINION HOLDS: A statutory ground authorizing termination is satisfied because the child could not be returned to the father at the time of the termination hearing.  And termination is in the child’s best interest.

Case No. 22-0964:  In the Interest of K.H., Minor Child

Filed Aug 17, 2022

View Opinion No. 22-0964

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            J.I. appeals the termination of his parental rights to one child, K.H.  OPINION HOLDS: Having concluded K.H. cannot presently be returned to his father’s care, a six-month extension should not be granted, and termination is in the child’s best interests, we affirm termination of his father’s parental rights.

Case No. 22-1052:  In the Interest of E.E. and Z.E., Minor Children

Filed Aug 17, 2022

View Opinion No. 22-1052

            Appeal from the Iowa District Court for Union County, Monty W. Franklin, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            A mother appeals the termination of her parental rights, arguing the State failed to prove the grounds for termination, termination is not in her children’s best interests, and permissive exceptions should be applied to avoid termination.  OPINION HOLDS: Because the mother did not challenge all of the grounds for termination, termination is in the children’s best interests, and the evidence does not support applying any permissive exceptions to termination, we affirm the juvenile court’s termination of her parental rights.

Case No. 22-1094:  In the Interest of K.A., K.A., and K.A., Minor Children

Filed Aug 17, 2022

View Opinion No. 22-1094

            Appeal from the Iowa District Court for Iowa County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            A father appeals the termination of his parental rights.  He asserts termination of his parental rights is not in the children’s best interests, his bond with his children constitutes a permissive exception to preclude termination, and the court should allow him an additional six months to achieve reunification.  OPINION HOLDS: We affirm.

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. 21-1165:  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. 21-1254:  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. 21-0061:  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 and 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 juve