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April 2022 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

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

Filed Apr 27, 2022

View Opinion No. 19-1760

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

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

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

Filed Apr 27, 2022

View Opinion No. 19-1909

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

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

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

Filed Apr 27, 2022

View Opinion No. 20-1002

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

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

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

Filed Apr 27, 2022

View Opinion No. 20-1689

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

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

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

Filed Apr 27, 2022

View Opinion No. 20-1733

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0289

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0307

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0319

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0327

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0421

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0579

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0668

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0730

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0741

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

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

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

Filed Apr 27, 2022

View Opinion No. 21-0742

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

            Plaintiffs appeal the summary judgment order dismissing their claims after the district court determined the scope of liability associated with Douglas Walker’s conduct did not include the harm suffered by the plaintiffs.  OPINION HOLDS: Because a jury could find the scope of liability extends to the harm alleged here, we conclude the district court erred in granting summary judgment.

Case No. 21-0771:  Robert Coonradt v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 21-0771

            Appeal from the Iowa District Court for Winneshiek County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (8 pages)

                  Robert Coonradt appeals the denial of his application for postconviction relief (PCR), arguing the district court erred in rejecting his claim that criminal trial counsel was ineffective in failing to litigate a motion to suppress that was filed by prior counsel.  OPINION HOLDS: We agree with the district court that counsel was not ineffective as alleged, and we affirm the denial of Coonradt’s PCR application.

Case No. 21-0774:  Quality Plus Feeds, Inc. v. Compeer Financial, FLCA

Filed Apr 27, 2022

View Opinion No. 21-0774

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

            Compeer Financial, FLCA (Compeer) appeals the grant of summary judgment to Quality Plus Feeds, Inc. (Quality Plus) foreclosing Quality Plus’s agricultural-supply-dealer lien.  OPINION HOLDS: Navigating the competing priority rules is a somewhat complex and fact-intensive exercise.  Finding genuine issues of material fact that preclude the grant of summary judgment for either party, we reverse the grant of summary judgment to Quality Plus, affirm the denial of summary judgment to Compeer, and remand for further proceedings.

Case No. 21-0787:  Joseph Ronald Banks v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 21-0787

            Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (6 pages)

            Joseph Banks appeals the denial of his application for postconviction relief, arguing the district court erred in rejecting his claim of ineffective assistance.  OPINION HOLDS: We agree with the district court that Banks failed to meet his burden to prove prejudice.  As such, we affirm the denial of his application for postconviction relief.

Case No. 21-0794:  State of Iowa v. Aries McGee

Filed Apr 27, 2022

View Opinion No. 21-0794

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Aries McGee appeals his conviction for robbery in the first degree.  OPINION HOLDS: Taken in the light most favorable to the State, we find the evidence sufficient for a rational jury to find McGee committed robbery in the first degree. 

Case No. 21-0808:  Derrick Shafer v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 21-0808

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Derrick Shafer appeals the denial of his application for postconviction relief, arguing the court erred in rejecting his claims of ineffective assistance of counsel.  OPINION HOLDS: We agree with the district court that counsel was not ineffective as alleged and affirm the denial of Shafer’s application.

Case No. 21-0894:  Pam Weatherly-Michel v. Tony Reed

Filed Apr 27, 2022

View Opinion No. 21-0894

            Appeal from the Iowa District Court for Marshall County, Kurt Stoebe, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Tony Reed appeals the district court’s finding that he breached an oral lease agreement.  Reed argues: (1) the district court relied on impermissible hearsay statements; (2) the court improperly shifted the burden of proof to him; (3) the court’s findings are not supported by substantial evidence; and (4) plaintiff-appellee failed to adequately prove her damages.  OPINION HOLDS: Any errors regarding the hearsay statements were harmless, the district court did not shift the burden of proof, substantial evidence supports the court’s findings, and plaintiff-appellee proved her damages. 

Case No. 21-0948:  Edwin Steiner and Anne Grady v. Rebecca Moyer

Filed Apr 27, 2022

View Opinion No. 21-0948

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Carr, S.J.  Chicchelly, J., takes no part.  Opinion by Badding, J.  (7 pages)

            The plaintiffs appeal a summary judgment ruling dismissing their petition for failure to timely serve the defendant.  OPINION HOLDS: On our review of the record, no genuine issue of material fact existed and summary judgment was appropriate.

Case No. 21-0956:  Petro v. Davenport Civil Rights Commission

Filed Apr 27, 2022

View Opinion No. 21-0956

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

            Darren Petro appeals the denial of his petition for judicial review challenging the administrative closure of his complaint with the Davenport Civil Rights Commission (DCRC).  OPINION HOLDS: Petro was required to file his petition for judicial review within thirty days of the administrative closure of his complaint with the DCRC.  Because he failed to do so, his petition is not timely, and we do not consider his due-process claim.

Case No. 21-0990:  State of Iowa v. Gerald M. Tutson, Jr.

Filed Apr 27, 2022

View Opinion No. 21-0990

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (5 pages)

            Gerald Tutson Jr. appeals following a guilty plea to second-degree robbery and felon in possession of a firearm as a habitual offender, claiming he “did not understand that his 10 year sentenc[e] for robbery 2nd and the 15 year sentence for felon in possession, habitual offender status, could be run consecutive for a total of 25 years” and he “also did not understand that . . . the mandatory minimums would have to be served for a total of 10 years.”  OPINION HOLDS: We affirm Tutson’s conviction, judgment, and sentence.

Case No. 21-0991:  In the Interest of S.S., Minor Child

Filed Apr 27, 2022

View Opinion No. 21-0991

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            A father appeals from the termination of his parental rights in a private termination action.  He claims the mother prevented him from having any contact with the child and he could not afford to pay child support.  OPINION HOLDS: Because the father did not attempt to visit the child or communicate with the child, we conclude the father’s absence from the child’s life was not the result of the mother’s interference.  The father’s failure to pay child support was not the result of good cause.  And termination is in the child’s best interest.

Case No. 21-1089:  In the Marriage of Shirbroun

Filed Apr 27, 2022

View Opinion No. 21-1089

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Chicchelly, J.  (11 pages)

            Joshua James Shirbroun appeals the modification of a default decree dissolving his marriage to Trina Lynn Shirbroun.  Joshua contends the district court should have terminated his spousal support obligation and that it incorrectly calculated his child support payments.  OPINION HOLDS: Because Trina has demonstrated an ongoing need for spousal support and Joshua has failed to prove a substantial change in circumstances from the child support ordered, we affirm the district court’s modification of the dissolution decree.  We furthermore award Trina $7500 in appellate attorney fees.

Case No. 21-1142:  In the Interest of J.L., Minor Child

Filed Apr 27, 2022

View Opinion No. 21-1142

            Appeal from the Iowa District Court for Cass County, Gary Anderson, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (4 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: The father failed to preserve his claim relating to the juvenile court judge’s review of transcripts of proceedings before a different juvenile court judge.  The mother proved termination is in the child’s best interest.

Case No. 21-1258:  State of Iowa v. Tyrelle Richardson

Filed Apr 27, 2022

View Opinion No. 21-1258

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

            Tyrelle Richardson appeals his sentence, claiming the district court abused its discretion when it sentenced him to prison rather than probation.  OPINION HOLDS: We determine the district court did not abuse its discretion.  We affirm.  

Case No. 21-1452:  State of Iowa v. Stephen Joseph Wink

Filed Apr 27, 2022

View Opinion No. 21-1452

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Stephen Wink appeals the consecutive sentences imposed following his guilty pleas, arguing the district court violated his federal and state due process rights by sentencing him without the use of a presentence investigation report.  OPINION HOLDS: Although Wink could not waive the creation of a presentence investigation report, long-standing case law allowed him to waive its use for sentencing purposes.  We affirm the sentences imposed by the district court. 

Case No. 21-1548:  In re the Marriage of Hardie

Filed Apr 27, 2022

View Opinion No. 21-1548

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Kyle Hardie appeals from the district court’s dismissal of contempt proceedings he initiated against his former wife, Michelle Hardie.  OPINION HOLDS: We find no abuse of discretion in the trial court’s finding that Michelle was not in contempt or in its admission of the adult child’s relevant testimony.  We also find no constitutional violation in the court’s post-ruling, equal assessment of costs between the parties for the children’s mental-health counseling report.  Accordingly, we affirm on all three grounds, and we decline to award appellate attorney fees.

Case No. 21-1619:  In the Matter of the Estate of Naomi Hruska, Deceased.

Filed Apr 27, 2022

View Opinion No. 21-1619

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Richard Hruska appeals from an order granting summary judgment and denying his claim against his mother’s estate.  OPINION HOLDS: While the district court entered an early order without notice, the court vacated the order and entered a new, timely ruling when no notice was required.  Because the issue is moot, we dismiss this appeal.

Case No. 21-1963:  In the Interest of P.H. and P.H., Minor Children

Filed Apr 27, 2022

View Opinion No. 21-1963

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (3 pages)

            A father appeals the establishment of a guardianship for his two children in this child-in-need-of-assistance proceeding.  He argues the juvenile court should have granted him more time to work toward reunification.  OPINION HOLDS: Given the father’s refusal to engage in services, we do not believe the need for removal would no longer remain after an additional six months.  So we do not grant the father additional time to work toward reunification.

Case No. 22-0077:  In the Interest of P.S., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0077

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A father appeals a permanency order, which established a guardianship with the child’s maternal aunt.  The father claims the juvenile court failed to adequately weigh his parental preference.  OPINION HOLDS: The father’s parental preference was rebutted, and it is in the child’s best interest to establish a guardianship with the maternal aunt.

Case No. 22-0210:  In the Interest of S.O., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0210

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights to one child.  OPINION HOLDS: With respect to the mother, we find DHS made reasonable efforts at reunification.  As for the father, we find that the required removal timeline was satisfied, the child could not be returned to his custody, and a six-month extension was not appropriate.  Having also concluded termination was in the child’s best interests and would not be detrimental to the child, we affirm termination of each party’s parental rights.

Case No. 22-0263:  In the Interest of H.B., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0263

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

            A father appeals the termination of his parental rights.  He argues the State did not make reasonable efforts, the juvenile court should have established a guardianship in lieu of terminating his parental rights, and the closeness of the bond with his child overcomes the need for termination.  OPINION HOLDS: The father did not preserve his reasonable-efforts challenge.  Because termination of the father’s parental rights is in the child’s best interests, a guardianship in lieu of termination is not an option.  And while the child is strongly bonded with the father, he has not shown this bond overcomes termination being in the child’s best interests.

Case No. 22-0283:  In the Interest of S.V., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0283

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The statutory ground authorizing termination was satisfied.  We decline to apply a permissive exception to termination or to establish a guardianship as an alternative to termination.

Case No. 22-0301:  In the Interest of L.M., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0301

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  MOTHER'S APPEAL AFFIRMED; FATHER'S APPEAL REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Partial Dissent by Ahlers, J.  (20 pages)

            April and Stephen appeal the termination of their parental rights.  OPINION HOLDS: The State established grounds for terminating April’s parental rights.  Termination is in L.M.’s best interests, outweighing April’s requests for termination exceptions or additional time.  As for Stephen, he agreed a ground for termination was met.  But given his substantial progress since removal, additional time for reunification is appropriate.  We affirm as to April but reverse and remand for Stephen.  PARTIAL DISSENT ASSERTS: I concur in the decision to affirm termination of the mother’s parental rights.  As to the majority’s decision to reverse termination of the father’s parental rights and provide him with additional time for reunification, I dissent because of the father’s lack of a track record of parenting and the relevant time horizon.

Case No. 22-0331:  In the Interest of C.M. and J.M., Minor Children

Filed Apr 27, 2022

View Opinion No. 22-0331

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (13 pages)

            The juvenile court terminated the mother’s parental rights to two of her children, C.M. and J.M., under Iowa Code section 232.116(1)(d), (f), and (l) (2021).  On appeal, the mother argues the juvenile court wrongly denied her motions to continue the termination trial.  Alternatively, she argues termination of her rights is not in the children’s best interests and a permissive factor weighs against termination.  OPINION HOLDS: The court neither abused its discretion nor violated the mother’s right to due process when it denied her motions to continue.  Termination is in the children’s best interests, and the mother did not establish a permissive factor to prevent termination.  We affirm.

Case No. 22-0361:  In the Interest of B.D. and C.D., Minor Children

Filed Apr 27, 2022

View Opinion No. 22-0361

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (10 pages)

A father appeals the termination of his parental rights to two children, claiming the juvenile court should have granted concurrent jurisdiction so the father could pursue a bridge order.  The father also urges that the juvenile court should have applied a permissive exception to preclude termination.  OPINION HOLDS: On these facts, a bridge order is not appropriate.  We, like the juvenile court, decline to apply a permissive exception to preclude termination.  Accordingly, we affirm. 

Case No. 22-0382:  In the Interest of K.P., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0382

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

            A mother appeals the juvenile court’s denial of her motion for modification of a child-in-need-of-assistance order.  OPINION HOLDS: We agree with the juvenile court that the mother has not shown that she can maintain the child’s safety or that the dispositional goal has been made or cannot be met.

Case No. 22-0445:  In the Interest of B.T., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0445

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to one child.  OPINION HOLDS: Because we find that neither a six-month extension nor an exception is warranted and termination was in the child’s best interests, we affirm termination of M.B.’s parental rights with respect to her child B.T.

Case No. 19-2090:  Wendell Harrington v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 19-2090

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  Chicchelly, J., and Gamble, S.J., take no part.  (33 pages)

            Wendell Harrington appeals the denial of his application for postconviction relief (PCR) following his 2012 convictions for thefts, burglaries, and eluding.  His claims include (1) a constitutional challenge to his statutory inability to submit pro se appellate briefs following the 2019 creation of Iowa Code section 822.3A; (2) that he should have been granted a new trial following the discovery of new evidence regarding drug use by an officer involved in the identification of Harrington before his arrest; (3) that the State suppressed that evidence about the officer; (4) that he should have been allowed to introduce additional depositions and DNA evidence into the PCR record after it closed; (5) that his PCR counsel was ineffective for not seeking the DNA evidence sooner; (6) that the district court failed to rule on his pro se issues regarding suppression of evidence of another suspect; (7) that his PCR counsel was ineffective in arguing the existence of the other suspect; (8) that his PCR counsel was ineffective for failing to file a deposition transcript and report regarding that DNA evidence; (9) that all of his attorneys were ineffective in not arguing that his past convictions of burglary and theft were not crimes of dishonesty and, therefore, should not have been admitted as impeachment evidence against him at the underlying criminal trial; and (10) that the PCR trial judge should have recused himself.  OPINION HOLDS: We affirm the denial of Harrington’s application for PCR.  

Case No. 20-0390:  Brett Michael Jones v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 20-0390

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

            Brett Jones appeals the denial of his postconviction relief application.  He contends a recent Supreme Court decision, United States v. Haymond, 139 S.Ct. 2369, 2382 (2019), renders the revocation unconstitutional.  OPINION HOLDS: Because of the significant differences between the statute in Haymond and the one in this case, we find Haymond inapplicable.  Accordingly, we affirm. 

Case No. 20-1180:  Steven Jonas v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 20-1180

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (14 pages)

            Stephen Jonas appeals the denial of his application for postconviction relief, contending his trial attorneys were ineffective in failing to (A) request additional peremptory strikes following “the denial of a motion to strike jurors for cause”; (B) “file a motion to suppress his statements” to police; (C) “make proper objections to” an agent’s testimony; and (D) object to hearsay, vouching, and handgun evidence.  He also contends his attorney on direct appeal was ineffective in failing to challenge a trial court ruling on a juror’s conduct.  OPINION HOLDS: We affirm the district court’s denial of the postconviction-relief application.

Case No. 20-1525:  Daniel J. Lund and Susan M. Lund v. Brian L. Siegert and Paula M. Wagner

Filed Apr 13, 2022

View Opinion No. 20-1525

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

            Landowners appeal a district court’s determination that their neighbor established a boundary between their properties by acquiescence.  OPINION HOLDS: Substantial evidence supports the district court’s finding, so we affirm.

Case No. 20-1537:  Ramon Demetrius Harper v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 20-1537

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (23 pages)

            Ramon Harper appeals the denial of his application for postconviction relief.  He seeks a new trial on the grounds that (1) his trial counsel was ineffective, (2) he was deprived of his constitutional right to control his own defense, (3) his right to a jury drawn from a fair cross-section of the community was violated, and (4) the State engaged in purposeful racial discrimination in jury selection.  OPINION HOLDS: Finding no grounds for reversal, we affirm. 

Case No. 20-1591:  State of Iowa v. William M. Goodon

Filed Apr 13, 2022

View Opinion No. 20-1591

            Appeal from the Iowa District Court for Monona County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            William Goodon appeals from his conviction for possession of methamphetamine, third or subsequent offense.  He argues the district court erred in admitting evidence a syringe and needle field-tested positive for methamphetamine and in admitting several out-of-court statements over his hearsay objections.  OPINION HOLDS: Any error in the admission of the field test results was harmless, and the out-of-court statements were either excepted from hearsay or substantially the same as other evidence in the record. 

Case No. 21-0053:  Michael Ray Wineinger v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 21-0053

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Michael Ray Wineinger appeals the district court’s ruling finding his criminal trial counsel was not ineffective.  OPINION HOLDS: Trial counsel was not ineffective for failing to object to admission of a prior video recorded forensic interview of a sex abuse witness when the recording was admissible as a prior consistent statement under Iowa Rule of Evidence 5.801(d)(1)(B).  Wineinger failed to preserve his claim trial counsel was ineffective for failing to request a limiting jury instruction. 

Case No. 21-0123:  Angela Louise Kaspar v. Anthony Joshua Biermann

Filed Apr 13, 2022

View Opinion No. 21-0123

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother appeals a child custody decision awarding primary physical care of her child to his father.  OPINION HOLDS: Having reviewed the record, we find primary physical with his father to be in the child’s best interests and affirm the district court’s decision.

Case No. 21-0149:  In re the Marriage of Barr

Filed Apr 13, 2022

View Opinion No. 21-0149

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by May, P.J.  (6 pages)

            Dan Barr appeals from the decree dissolving his marriage to Kelly Barr.  On appeal, he argues the district court should not have awarded Kelly spousal support.  Both parties seek appellate attorney fees.  OPINION HOLDS: The district court’s award of spousal support is beyond the equitable range, so we reduce it.  We decline to award either party appellate attorney fees.

Case No. 21-0215:  Rita McNeal and Cliff McNeal v. Wapello County, Wapello County Board of Supervisors

Filed Apr 13, 2022

View Opinion No. 21-0215

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (22 pages)

            The district court granted summary judgment to Wapello County on a breach-of-contract claim, finding the McNeals waived their right to contest the county’s removal of “derelict” vehicles.  OPINION HOLDS: Summary judgment was improperly granted.  We reverse and remand.  DISSENT ASSERTS: I dissent because I agree with the district court’s interpretation of the settlement agreement’s terms; nothing in the contract gave the McNeals a right to dispute the county’s discretion over the determination of what derelict vehicles needed to be removed to the county’s satisfaction.  I would affirm the district court's ruling on summary judgment.

Case No. 21-0216:  University of Dubuque v. Fairchild

Filed Apr 13, 2022

View Opinion No. 21-0216

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (16 pages)

            Arising from an interpleader action filed by the University of Dubuque, Sharon Fairchild appeals the district court decision concerning the distribution of employee retirement plan benefits of her former spouse, the late Richard E. Cowart Jr.  Robilyn Cowart cross-appeals the district court’s ruling denying her request for attorney fees.  OPINION HOLDS: We affirm the district court on both issues.

Case No. 21-0251:  In re the Marriage of Tullis

Filed Apr 13, 2022

View Opinion No. 21-0251

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  AFFIRMED ON BOTH APPEALS, AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Stephen Tullis appeals the spousal support provision in the parties’ dissolution decree.  Cathy Tullis cross-appeals, asking for an increase in the award of trial attorney fees and for an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s ruling requiring Stephen to pay $800 per month in spousal support.  We also affirm the award of trial attorney fees.  We remand to the trial court to determine Cathy’s appellate fees.

Case No. 21-0252:  State of Iowa v. Stone Thomas Graham

Filed Apr 13, 2022

View Opinion No. 21-0252

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (17 pages)

            Stone Graham appeals his convictions for assault on a peace officer with a firearm and assault with intent to inflict serious injury.  He contends the court violated his right against double jeopardy when it sentenced him to consecutive sentences on the two convictions.  He also claims evidence was admitted that was not relevant and unduly prejudicial.  OPINION HOLDS: We find the offenses do not merge.  Further, the district court did not abuse its discretion when admitting evidence.  We affirm.  

Case No. 21-0343:  State of Iowa v. Nathan Ray Tesch

Filed Apr 13, 2022

View Opinion No. 21-0343

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Gamble, S.J.  Opinion by Vaitheswaran, P.J. (10 pages)

            Nathan Tesch claims he was denied his right to a speedy trial under the Iowa and federal Constitutions and challenges the relevance and sufficiency of the evidence supporting his theft conviction.  OPINION HOLDS: The State did not violate the speedy-trial provisions of the United States Constitution or the Iowa Constitution.  The clinic office manager’s testimony regarding the replacement value of the safe was also relevant and substantial evidence of the value element of Tesch’s theft conviction. 

Case No. 21-0516:  State of Iowa v. Brice Shrimpton

Filed Apr 13, 2022

View Opinion No. 21-0516

            Appeal from the Iowa District Court for Carroll County, Adria Kester and Gina Badding, Judges.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Badding, J., takes no part.  Opinion by Doyle, S.J.  (9 pages)

            Brice Shrimpton appeals from his conviction of second-degree burglary claiming insufficient evidence and that the court considered an improper factor in sentencing him.  OPINION HOLDS: Viewing the evidence in a light most favorable to the State and the verdict, as we must, we find the evidence was sufficient to convince a rational jury that Shrimpton had the specific intent to commit an assault when he broke into the home.  The court’s consideration of Shrimpton’s lack of remorse for prior offenses is not grounds for vacation of the sentence.

Case No. 21-0541:  Charles Martin, Curtis Martin, and Bennett Machine & Fabricating, Inc. v. Jose G. Espinoza and Deere and Company

Filed Apr 13, 2022

View Opinion No. 21-0541

            Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (8 pages)

            The plaintiffs appeal the dismissal of their petition due to a forum-selection clause.  OPINION HOLDS: Based on the record properly before us on a motion to dismiss, the forum-selection clause provides no bar to the plaintiffs pursuing and developing their claims in Iowa courts.

Case No. 21-0752:  Luana Savings Bank v. John Eveland, et al.

Filed Apr 13, 2022

View Opinion No. 21-0752

            Appeal from the Iowa District Court for Clayton County, Alan Heavens, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Luana Savings Bank appeals the district court’s order granting judgment in favor of John Eveland regarding a tax sale, right of redemption, and issuance of a tax deed.  OPINION HOLDS: We conclude Eveland satisfied the requirements of Iowa Code sections 447.9 and .12 (2019) and was entitled to a tax deed, and we affirm the court’s order.

Case No. 21-0796:  James Butler and Kateri Duncan v. Rajalakshmi Iyer, M.D., Mark Zlab, M.D., Douglas Schulte, M.D., The Iowa Clinic, PC, Iowa Digestive Disease Center, P.C., and Central Iowa Hospital Corporation d/b/a UnityPoint Health-Iowa Methodist Medical Center

Filed Apr 13, 2022

View Opinion No. 21-0796

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (20 pages)

            James Butler appeals the dismissal of his action against doctors and their employers based on his failure to substantially comply with the certificate-of-merit-affidavit requirement of Iowa Code section 147.140 (2020).  He contends the defendants waived their right to receive the affidavit by engaging in discovery before the deadline, that he substantially complied with the statute, and that expert witnesses were unnecessary for several claims.  OPINION HOLDS: We find the statute does not have a waiver provision.  We also find no substantial compliance.  Finally, because Butler needed expert witness testimony to establish each of his claims, section 147.140 applied, and the district court correctly dismissed the entire suit.

Case No. 21-0801:  In re the Marriage of Black

Filed Apr 13, 2022

View Opinion No. 21-0801

            Appeal from the Iowa District Court for Hamilton County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (12 pages)

            Alanna Black appeals the decree dissolving her marriage to David Black, challenging the district court’s award of physical care of the parties’ two children to David.  Alternatively, she requests expanded visitation.  OPINION HOLDS: Finding no cause for modifying the district court’s decree based on the issues raised on appeal, we affirm.

Case No. 21-0853:  State of Iowa v. Ashlie Danielle Rosales

Filed Apr 13, 2022

View Opinion No. 21-0853

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (6 pages)

            Ashlie Rosales appeals from her conviction for possession of methamphetamine, first offense.  She argues that insufficient evidence existed to prove she had knowing possession of the methamphetamine.  OPINION HOLDS: Sufficient evidence existed to allow a rational jury to find Rosales was in constructive possession of methamphetamine.

Case No. 21-0888:  Michael M. Sellers v. Amit Gupta

Filed Apr 13, 2022

View Opinion No. 21-0888

            Appeal from the Iowa District Court for Polk County, Jeanie Kunkle Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (19 pages)

            Attorney Michael Sellers appeals from the district court’s confirmation of an award decision from the Polk County Bar Association Attorney Fee Arbitration Committee following a fee dispute with Dr. Amit Gupta.  Gupta, in turn, states the district court should have awarded him prejudgment interest, attorney fees, and costs.  OPINION HOLDS: Because Sellers waived potential conflicts with an arbitrator and the Arbitration Committee remained within its proper scope, we affirm the district court’s confirmation of the award.  Further, Gupta did not establish a path for prejudgment interest and the court did not abuse its discretion by declining to award attorney fees and costs.  

Case No. 21-0907:  State of Iowa v. Chantell M. Grimm

Filed Apr 13, 2022

View Opinion No. 21-0907

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Chantell Grimm appeals her conviction for possession of methamphetamine, arguing the district court abused its discretion in allowing certain evidence to reach the jury.  OPINION HOLDS: The evidence was relevant to whether Grimm knowingly possessed methamphetamine.  And although it was inherently prejudicial, we cannot find its probative value was substantially outweighed by the danger of unfair prejudice or that the district court abused its discretion by admitting it.

Case No. 21-0913:  State of Iowa v. Danny Roy Church

Filed Apr 13, 2022

View Opinion No. 21-0913

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (6 pages)

            Danny Church appeals his sentence.  He argues the district court relied too heavily on the nature of his offense, downplaying several mitigating factors.  OPINION HOLDS: The sentencing court considered the sentencing factors and did not abuse its discretion by weighing some factors more heavily than others.  We affirm.

Case No. 21-0933:  Jesse Joe Blair v. Trish Beck n/k/a Trish Halder

Filed Apr 13, 2022

View Opinion No. 21-0933

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            Trish Beck, now known as Trish Halder, appeals the district court’s ruling modifying physical care of her daughter.  OPINION HOLDS: Because returning the child to the parties’ joint physical care was in the child’s best interests, we affirm the modification ruling.  

Case No. 21-0938:  State of Iowa v. Brady Murphy

Filed Apr 13, 2022

View Opinion No. 21-0938

            Appeal from the Iowa District Court for Cass County, Margaret Reyes, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Brady Murphy appeals the denial of his motion to suppress evidence based on the allegedly unlawful stop of his vehicle.  OPINION HOLDS: Because we conclude there was no reasonable suspicion to support a traffic stop under the circumstances presented, we reverse the district court’s suppression ruling, vacate Murphy’s conviction and sentence, and remand for further proceedings. 

Case No. 21-0995:  State of Iowa v. Henry Lamont Myles

Filed Apr 13, 2022

View Opinion No. 21-0995

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Henry Myles appeals the imposition of consecutive sentences upon his criminal convictions.  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed. 

Case No. 21-1044:  Brandyn T. Nolan Cobb v. Kelsey Eiler

Filed Apr 13, 2022

View Opinion No. 21-1044

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (9 pages)

            A mother appeals the district court’s decision granting physical care of the child to the father.  OPINION HOLDS: The district court properly placed the child in the father’s physical care.  The mother is not awarded appellate attorney fees.

Case No. 21-1066:  In the Interest of K.M., Minor Child

Filed Apr 13, 2022

View Opinion No. 21-1066

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

            A father appeals a juvenile court order terminating his parental rights.  On appeal, the father contends he did not abandon the child and termination of his parental rights is not in the best interests of the child.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

Case No. 21-1071:  Michael Alexander Lajeunesse v. The Iowa Board of Medicine

Filed Apr 13, 2022

View Opinion No. 21-1071

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (3 pages)

            Michael Lajeunesse appeals the order denying his petition for judicial review challenging the Iowa Board of Medicine’s “refus[al] to initiate disciplinary proceedings” against a licensee.  OPINION HOLDS: Because Lajeunesse’s claim against the licensee is not within the Board’s authority or jurisdiction to hear, we affirm the district court’s denial of relief.

Case No. 21-1130:  State of Iowa v. Dustin Jungvirt

Filed Apr 13, 2022

View Opinion No. 21-1130

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

            Dustin Jungvirt appeals his sentence on his conviction for insurance fraud, claiming the district court failed to properly consider which sentencing options would best rehabilitate the defendant.  OPINION HOLDS: We determine no abuse of discretion by the district court in sentencing the defendant.  Accordingly, we affirm. 

Case No. 21-1161:  Mark Douglas Haase v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 21-1161

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

            Mark Haase appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Haase failed to prove breach of an essential duty by his trial counsel, we find he did not establish ineffective assistance of counsel in connection with any of the three grounds asserted in this appeal. We therefore affirm the district court’s denial of Haase’s application for postconviction relief.

Case No. 21-1229:  Gus Francis Cabrera III v. Stephanie Lynn Linxwiler

Filed Apr 13, 2022

View Opinion No. 21-1229

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., Schumacher, J., and Blane, S.J.  Opinion by May, P.J.  (8 pages)

            Gus Cabrera appeals from a decree establishing custody, physical care, and visitation of his child with Stephanie Linxwiler.  He challenges legal custody, physical care, the holiday care schedule, and child support.  OPINION HOLDS: We clarify the decree to provide the parents with joint legal custody.  This family is not a candidate for joint physical care.  We provide a more specific holiday schedule.  And we agree with Gus that the district court did not use the correct income for Stephanie when calculating child support.  So we remand to the district court recalculate child support.

Case No. 21-1355:  In re the Marriage of Boysen

Filed Apr 13, 2022

View Opinion No. 21-1355

            Appeal from the Iowa District Court for Pocahontas County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Chad Boysen appeals the support provisions and award of attorney fees in a temporary order entered during the proceedings to dissolve his marriage to Ann Boysen.  OPINION HOLDS: The district court appropriately used the parties’ 2020 incomes in determining child support.  Based on the parties’ respective earnings and needs, as well as the district court’s credibility findings, the award of spousal support was equitable.  The award of $2500.00 in temporary attorney fees is neither unreasonable nor untenable.  But we deny both parties’ requests for appellate attorney fees.

Case No. 21-1738:  In the Interest of Z.S., A.A., and T.A., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1738

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (20 pages)

            The mother of three children and the father of two separately appeal the termination of their parental rights.  The mother contests the grounds for termination, asserts the court should have allowed her additional time, claims termination is not in the children’s best interests, and argues the court erred in denying her request to place all three children in a guardianship with the maternal grandparents.  The father asserts the court should have granted him additional time to seek reunification and argues termination of his rights was not necessary because his children are safe in their placement with the paternal grandparents.  OPINION HOLDS: We affirm on both appeals.

Case No. 21-1914:  In the Interest of B.F.-C. and L.F.-C., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1914

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The grounds for termination were established, reasonable efforts were made, an extension is not appropriate, termination is in the children’s best interests, and the parent-child bonds do not outweigh the children’s best interests.  We affirm on both appeals.

Case No. 21-1951:  In the Interest of A.K. and A.K., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1951

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

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We also find an extension of time for reunification is not appropriate in this case.  We affirm the decision of the juvenile court.

Case No. 21-1956:  In the Interest of A.A. and D.A., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1956

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

            A mother appeals the termination of her parental rights to two of her children.  She contends (1) the department of human services failed to “provide[] appropriate or meaningful reasonable efforts to reunify her with her children” and (2) termination was not in the children’s best interests.  OPINION HOLDS: On our de novo review, we agree with the district court that the department of human services satisfied its reasonable-efforts mandate and termination

Case No. 22-0004:  In the Interest of M.G. and S.R., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0004

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A guardian ad litem and the State of Iowa appeal the order denying a petition to terminate parental rights.  OPINION HOLDS: Given the children’s need for permanency, their best interests are served by terminating parental rights to allow adoption by their maternal aunt rather than placing the children in a long-term guardianship with her.

Case No. 22-0057:  In the Interest of L.E., Minor Child

Filed Apr 13, 2022

View Opinion No. 22-0057

            Appeal from the Iowa District Court for Des Moines County, Emily S. Dean, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother and child appeal the termination of the mother’s parental rights to the child, born in 2010.  Both contend the district court “erred in finding that an additional period of time would not correct the situation”; the State failed to prove the child could not be returned to the mother’s custody pursuant to Iowa Code section 232.116(1)(f) (2021); and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 22-0148:  In the Interest of A.K. and M.K., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0148

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

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because termination is in the children’s best interests, and we see no reason to believe the need for removal will end following an extension, we affirm. 

Case No. 22-0156:  In the Interest of B.T. and B.T., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0156

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (11 pages)

A father appeals the termination of his parental rights to his two children, arguing the evidence was insufficient to support termination, an exception to termination should have been applied, and he should have been granted additional time to work toward reunification.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the termination of the father’s parental rights.

Case No. 22-0188:  In the Interest of S.S., Minor Child

Filed Apr 13, 2022

View Opinion No. 22-0188

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

            A mother challenges the termination of her parental rights to her seven-year-old son.  She challenges the grounds for termination, the best-interest determination, and asks for more time to reunify.  OPINION HOLDS:  The evidence was clear and convincing, termination served the child’s best interests, and more time was unwarranted.  We affirm.

Case No. 22-0218:  In the Interest of A.M., Minor Child

Filed Apr 13, 2022

View Opinion No. 22-0218

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, born in 2020.  She contends (1) the department of human services failed to make reasonable efforts toward reunification; (2) termination was not in the child’s best interests; and (3) she should have been afforded an exception to termination based on her bond with the child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 22-0260:  In the Interest of A.S. and N.S., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0260

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            The mother of A.S. and N.S. appeals the juvenile court’s child-in-need-of-assistance dispositional review order and finding of reasonable efforts.  OPINION HOLDS: We affirm.

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