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June 2022 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 20-0555:  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:  U.S. Bank, National Association v. Jeffrey S. Bittner, Individually and as Trustee of the Joan Y. Bittner Marital Trust and Midwestone Bank, as Conservator of the Joan Y. Bittner Marital Trust

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.

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