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2023 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 22-0023:  State of Iowa v. Tyre Dewayne Brown

Filed Dec 20, 2023

View Opinion No. 22-0023

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            Tyre Brown appeals his conviction for carrying weapons, challenging the denial of his motion to suppress evidence.  Brown contends the stopping officer improperly extended the seizure of the vehicle he was a passenger in and the gun found on his side of the vehicle should be suppressed.  OPINION HOLDS: Upon our review, we affirm.

Case No. 22-0334:  State of Iowa v. Deaaron Jacquia Simpson

Filed Dec 20, 2023

View Opinion No. 22-0334

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A criminal defendant appeals his convictions for domestic abuse assault causing bodily injury and assault causing serious injury.  OPINION HOLDS: We affirm, finding no reversible error is properly before us and recognizing overwhelming evidence of Simpson’s guilt.

Case No. 22-0937:  State of Iowa v. Jake Robert Skahill

Filed Dec 20, 2023

View Opinion No. 22-0937

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Ahlers, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            Jake Skahill appeals his convictions for second-degree sexual abuse, in violation of Iowa Code section 709.3(1)(b) (2018); lascivious acts with a child, in violation of section 709.8(1)(a); and enticing a minor, in violation of section 710.10(1).  Skahill asserts the court erred in denying his motion to disqualify the presiding judge and in imposing consecutive sentences without adequate reasons.  OPINION HOLDS: Skahill has not shown that the district court abused its discretion by denying his recusal motion.  However, we cannot say Skahill’s successful appeal played no part in the court’s imposition of a harsher sentence.  We confirm the convictions, vacate the sentence, and remand for resentencing before a different judge. 

Case No. 22-0990:  Steve Asmussen v. Iowa Racing and Gaming Commission

Filed Dec 20, 2023

View Opinion No. 22-0990

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  Langholz, J., takes no part. (14 pages)

            Steve Asmussen appeals the decision of the district court that affirmed the imposition of a fine by the Iowa Racing and Gaming Commission (IRGC) for the presence of a prohibited substance in a horse.  OPINION HOLDS: We find no violation of Asmussen’s substantive due process rights.  We conclude Asmussen failed to show the IRGC failed to properly apply its own rules or that the agency’s decision was not supported by substantial evidence.  We affirm the district court’s decision.

Case No. 22-0997:  Donald L. Thomas and Courtney R. Thomas v. Terence A. Kempf Jr.

Filed Dec 20, 2023

View Opinion No. 22-0997

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            Donald and Courtney Thomas (the Thomases) bought a home from Terence Kempf Jr. and, after experiencing a number of issues with the home, the Thomases brought suit against Kempf.  A jury found Kempf liable and awarded the Thomases $41,695 in damages.  On appeal, Kempf argues the Thomases did not provide sufficient proof of the damages to support the amount of the jury’s award and the Thomases’ duty to mitigate.  OPINION HOLDS: Because the jury’s award of damages was reasonable and within the range of evidence, the district court neither erred nor abused its discretion in denying Kempf’s motions attacking the award.  And we do not reach the merits of Kempf’s argument about the Thomases’ duty to mitigate, as it is not preserved for our review. 

Case No. 22-1058:  State of Iowa v. Brent Richard Fischer

Filed Dec 20, 2023

View Opinion No. 22-1058

            Appeal from the Iowa District Court for Boone County, John J. Haney, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Brent Fischer appeals his convictions for six counts of second-degree sexual abuse.  He challenges the sufficiency of the evidence and the admissibility of certain evidence.  OPINION HOLDS: The State presented sufficient evidence supporting Fischer’s convictions.  The district court did not abuse its discretion by admitting photos showing the complaining witness at the age she was at the time of the abuse.  The district court also did not abuse its discretion by permitting an expert to testify about common misunderstandings about how children respond to and report sexual abuse.

Case No. 22-1123:  State of Iowa v. Ralpheal Rashee Williams

Filed Dec 20, 2023

View Opinion No. 22-1123

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (18 pages)

            Ralpheal Williams appeals his conviction for robbery in the first degree.  He contends there was insufficient evidence to convict.  He also contends that the district court erred in giving a jury instruction and abused its discretion in denying his motion for new trial based on inaccurate statements of law in the State’s closing argument.  Finally, he contends the sentencing court abused its discretion by failing to state reasons for imposing a seventy percent mandatory minimum.  OPINION HOLDS: We find substantial evidence supports the challenged elements.  We need not address the constitutionality of the general-verdict statute.  But we find that the district court erred in giving a misleading jury instruction, and the record does not affirmatively establish that Ralpheal was not prejudiced by that error.  So we reverse and remand for new trial, and do not reach the remaining issues.

Case No. 22-1145:  Antowyne William Dupree Osborne Sr. v. State of Iowa

Filed Dec 20, 2023

View Opinion No. 22-1145

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            After his application for postconviction relief was granted, Antowyne Osborne Sr. appeals, challenging the remedy ordered by the district court.  OPINION HOLDS: Because there is a possibility of establishing a factual basis on remand, we agree with the district court that the appropriate remedy following the grant of Osborne’s application for postconviction relief is to give the State a chance to supplement the record to establish a factual basis.

Case No. 22-1315:  Vahid Aria v. State of Iowa

Filed Dec 20, 2023

View Opinion No. 22-1315

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (10 pages)

            Vahid Aria appeals the dismissal of his application for postconviction relief (PCR) following revocation of his deferred judgment and resentencing on a forgery charge and sentencing on his guilty plea to possession of methamphetamine.  He maintains dismissal was improper because the PCR court did not comply with statutory notice requirements under Iowa Code section 822.6(2) (2022).  Aria also argues a Double Jeopardy Clause violation in his resentencing because he did not receive credit for the days he was on probation and parole.  OPINION HOLDS: The PCR court complied with relevant procedure and there were no other notice requirements.  Aria’s resentencing did not violate the Double Jeopardy Clause as his sentences do not impose punishment greater than intended by the legislature.  So we find no merit in Aria’s “day for day probationary and parole credit” argument.  Finding no error in the dismissal of Aria’s PCR application, we affirm.

Case No. 22-1391:  State of Iowa v. Alfred Nicholas Dupree Wiles

Filed Dec 20, 2023

View Opinion No. 22-1391

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, District Associate Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. (13 pages)

            Alfred Wiles appeals the consecutive sentences imposed following revocation of his deferred judgment for possession of marijuana, first offense, and conviction for domestic abuse assault impeding air or blood flow.  OPINION HOLDS: We reject all of Wiles’s sentencing challenges except his claim that the court imposed illegal sentences.  We therefore vacate the sentence imposed upon the domestic charge and remand for resentencing.  We also reverse the revocation of the deferred judgment, adjudication of guilt, and sentence imposed for the possession charge and remand for reconsideration within the range of choices provided in Iowa Code section 908.11(4) (2022).

Case No. 22-1509:  State of Iowa v. Calvin Marcel Crawford

Filed Dec 20, 2023

View Opinion No. 22-1509

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J. (5 pages)

            Calvin Crawford challenges the sufficiency of the evidence supporting his conviction for operating while intoxicated.  OPINION HOLDS: The State provided sufficient evidence to establish that Crawford was intoxicated when he operated a vehicle.

Case No. 22-1641:  State of Iowa v. Calvonta Ibrion Stallings

Filed Dec 20, 2023

View Opinion No. 22-1641

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (2 pages)

            Calvonta Stallings appeals his convictions for first-degree robbery, challenging the admissibility of certain evidence.  OPINION HOLDS: Stallings failed to preserve error on all of his evidentiary challenges.  He waived any challenge to the sufficiency of evidence by failing to develop any supporting argument.

Case No. 22-1714:  Andre Letroy Antwan Harrington v. State of Iowa

Filed Dec 20, 2023

View Opinion No. 22-1714

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            After being convicted of second-degree robbery, Andre Harrington applied for postconviction relief (PCR), alleging he received ineffective assistance from trial counsel.  The district court denied Harrington’s application.  On appeal, Harrington reiterates his claims of ineffective assistance regarding trial counsel’s failure to plead an affirmative defense and to object to his shackling in front of the jury during trial.  OPINION HOLDS: Because he was engaged in the illegal act of theft at the time he hit the store employee who tried to stop him, the justification defense was unavailable to Harrington and trial counsel had no duty to raise the issue.  Additionally, even if he was shackled in front of the jury, Harrington has the burden to establish prejudice, which he failed to do.  We affirm the denial of his PCR application.  

Case No. 22-1787:  McKoy v. Twin City Fire Insurance Co.

Filed Dec 20, 2023

View Opinion No. 22-1787

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (9 pages)

            An employee appeals the district court’s ruling on judicial review of the workers’ compensation commissioner’s decision, arguing the employer is not entitled to reimbursement under Iowa Code section 85.22(1) (2020) from the settlement proceeds of the employee’s third-party action.  OPINION HOLDS: Because all settlement proceeds are subject to the lien provisions of Iowa Code section 85.22(1), we affirm.

Case No. 22-1867:  State of Iowa v. Amber Rene Wilson

Filed Dec 20, 2023

View Opinion No. 22-1867

            Appeal from the Iowa District Court for Jones County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (8 pages)

            Amber Wilson appeals the sentences imposed following her convictions for first-degree theft, drug tax stamp violation, and conspiracy to commit a forcible felony.  OPINION HOLDS: Because the jail staff suffered emotional harm as a result of the commission of the offense, they were victims, and the district court did not err in considering their victim impact statements.  We affirm.

Case No. 22-1917:  Interstate Power & Light Company v. Joseph Moyer

Filed Dec 20, 2023

View Opinion No. 22-1917

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  DISTRICT COURT DECISION REVERSED; AGENCY DECISION AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Tabor, P.J.  (13 pages)

            Joseph Moyer suffered a crush injury resulting in fractures to his right foot on the job as a lineman for Interstate Power and Light Company in 2012.  He received an award of permanent partial disability benefits from the Iowa Workers’ Compensation Commission in 2017.  Three years later, Moyer petitioned for review-reopening of that award under Iowa Code section 85.26 and 86.14 (2020).  The agency granted him permanent total disability benefits for the work injury.  But Interstate successfully argued on judicial review that the doctrine of res judicata principles barred Moyer’s review-reopening claims.  Moyer appeals that judicial-review order.  OPINION HOLDS: After the district court issued its decision, our supreme court clarified the limited application of res judicial judicata principles to review-reopening challengesBecause that decision dictates a different result, we reverse the judicial-review order.  We also find that substantial evidence supports the award of permanent total disability benefits in the review-reopening proceedings.

Case No. 22-1974:  State of Iowa v. Wichang Gach Chawech

Filed Dec 20, 2023

View Opinion No. 22-1974

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.   Opinion by Schumacher, J. (11 pages)

            Wichang Chawech asserts there was insufficient evidence for his conviction, that his convictions for assault with intent to cause serious injury and willful injury should have merged, and that the court imposed an illegal mandatory minimum sentence.  OPINION HOLDS: We find sufficient evidence was presented for a rational finder of fact to find Chawech’s guilt beyond a reasonable doubt.  We conclude that the convictions for assault with intent and willful injury should have merged.  Finally, we determine that Chawech’s sentence was not illegal and affirm. PARTIAL DISSENT ASSERTS: I concur with the majority in all respects other than sentencing.  The district court imposed a sentence that I believe is illegal because it suspended the fine without also placing the defendant on probation.  So I would vacate the sentence and remand for resentencing.

Case No. 22-1999:  Nina Lagodmos v. Heidelburg Motel and Loise Pang

Filed Dec 20, 2023

View Opinion No. 22-1999

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (13 pages)

            Nina Lagodmos brought suit against the Heidelburg Motel and its owner, Loise Pang, (collectively, the Defendants) alleging they were negligent because they failed to keep her safe from verbal abuse and physical assault by other guests, from which she suffered harm.  After a trial to the bench, the district court ruled in favor of the Defendants.  Nina appeals the district court ruling, arguing that while the district court applied the correct law, it came to the wrong conclusion when it determined the Defendants took reasonable steps to prevent harm to her by other motel guests and, therefore, did not breach their duty to her.  OPINION HOLDS: Based on the credibility findings of the district court, and because substantial evidence supports the court’s factual findings, we affirm. 

Case No. 22-2075:  Archer Daniels Midland v. Williams

Filed Dec 20, 2023

View Opinion No. 22-2075

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge. REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.  Opinion by Ahlers, P.J.  (13 pages)

            On judicial review of a decision from the workers’ compensation commissioner, an employer appeals the district court’s ruling that its employee preserved error on his argument that his injury extended to his body as a whole because of both shoulder and elbow impairment.  The employee cross-appeals, arguing that he is entitled to healing period benefits because the employer did not make him a written offer of suitable work.  OPINION HOLDS: On the employer’s appeal, we find the employee failed to preserve error on his argument that his injury extended to his body as a whole and so reverse and remand for entry of an order denying the employee’s petition for judicial review.  On the employee’s cross-appeal, we find the employer offered suitable work that the employee accepted, and so we affirm on cross-appeal.

Case No. 23-0021:  State of Iowa v. Torcel Darico Walker

Filed Dec 20, 2023

View Opinion No. 23-0021

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A criminal defendant attempts to appeal his guilty plea.  OPINION HOLDS: Construing his brief as an application for discretionary review, we deny his application and dismiss the attempted appeal.

Case No. 23-0074:  Michael Eugene Horlas v. State of Iowa

Filed Dec 20, 2023

View Opinion No. 23-0074

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (5 pages)

            Michael Horlas appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS:  Because Horlas filed this third application for PCR more than three years after procedendo issued in his direct appeal and because there is already a final adjudication on the legality of his sentence from his second PCR action, this action is time-barred.  We affirm.

Case No. 23-0075:  Anna C. Pham v. Justice B. Jackson

Filed Dec 20, 2023

View Opinion No. 23-0075

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

            Justice Jackson appeals the district court’s order partially denying his petition to modify the custody decree between himself and Anna Pham involving their child.  OPINION HOLDS: Jackson 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. 23-0164:  Brandon Leroy Stockdall v. State of Iowa

Filed Dec 20, 2023

View Opinion No. 23-0164

            Appeal from the Iowa District Court for Humboldt County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (10 pages)

            Brandon Stockdall appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS: Stockdall’s new-ground-of-fact-or-law claim does not overcome the three-year statute of limitations and allow him to present any newly discovered evidence, and he cannot raise his claim of ineffective assistance of PCR counsel for the first time on appeal without demonstrating how counsel’s performance was inadequate or competent representation would have changed the outcome.  We affirm the PCR court’s ruling denying relief.

Case No. 23-0173:  In the Matter of the Estate of James Robert Martin, Deceased

Filed Dec 20, 2023

View Opinion No. 23-0173

            Appeal from the Iowa District Court for Cass County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Todd Kermoade petitioned to contest the will of his deceased stepfather, James Martin, claiming Martin lacked testamentary capacity when the will was executed on October 1, 2020, and that the will was the result of undue influence by Martin’s daughters, co-executors Christy Ainsworth and Leslee Sorensen.  The co-executors moved for summary judgment, which the district court granted.  On appeal, Kermoade challenges that adverse ruling; he argues there is a genuine issue of material fact regarding both of his claims so summary judgment was not proper.  OPINION HOLDS: Because Kermoade failed to establish a genuine issue as to Martin’s testamentary capacity and any undue influence on the part of the co-executors, summary judgment in favor of the defendants was proper.  We affirm.

Case No. 23-0180:  State of Iowa v. Bradley Joseph Evans

Filed Dec 20, 2023

View Opinion No. 23-0180

            Appeal from the Iowa District Court for Mitchell County, Dedra Schroeder, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  Dissent by Ahlers, J.  (8 pages)

            A defendant appeals the sentence imposed following his pleas of guilty to two counts of domestic abuse assault by impeding airflow and one count of willful injury causing bodily injury.  OPINION HOLDS: We find no abuse of discretion in the court’s sentencing decision imposing incarceration.  Further, the court stated sufficient reasoning for the imposition of consecutive sentences.  DISSENT ASSERTS: I dissent for two reasons.  First, the district court merely recited sentencing factors without providing any reasoning for imposing the selected sentence.  Second, I believe the sentence imposed is illegal because the district court suspended the fines imposed without also placing the defendant on probation.  I would vacate the sentence and remand for resentencing.

Case No. 23-0212:  Hormel Foods Corp. v. Tamayo-Perez

Filed Dec 20, 2023

View Opinion No. 23-0212

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED ON APPEAL; REVERSED ON CROSS-APPEAL.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (18 pages)

            Parties appeal and cross-appeal a district court ruling on judicial review of action of the workers’ compensation commission.  On appeal, the employer claims the district court erred in (1) concluding the agency had “subject matter jurisdiction and statutory authority to hear and rule” on the fifth application for alternate medical care, (2) determining judicial estoppel applied to prevent the denial of liability for treatment, and (3) declining to issue a stay and entering judgment on the agency’s order for alternate care.  On cross-appeal, the claimant challenges the court’s conclusion that the agency could not consider the sixth alternate-care application.  OPINION HOLDS: We affirm the district court on its conclusions that the agency had jurisdiction and authority to consider the fifth petition for alternate medical care and that the agency properly applied the concept of judicial estoppel.  As a result, we conclude the court’s denial of the employer’s motion for stay and its entry of judgment on the alternate-care decision did not prejudice its substantial rights.  But we reverse the court’s conclusion that the agency did not have jurisdiction to hear the sixth alternate-care application alleging abandonment and its vacation of that decision.    

Case No. 23-0255:  State of Iowa v. Jon Thomas Kucharo

Filed Dec 20, 2023

View Opinion No. 23-0255

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            Jon Kucharo appeals the district court’s denial of his motion to dismiss based on the claim the trial information did not include a valid signature.  OPINION HOLDS: The signature on the trial information was valid, so the district court correctly denied Kucharo’s motion to dismiss.

Case No. 23-0276:  Kevin E. Saiter, Jr. v. Hope M. Luce

Filed Dec 20, 2023

View Opinion No. 23-0276

            Appeal from the Iowa District Court for Clinton County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (5 pages)

            A mother appeals the district court’s modification decree.  OPINION HOLDS: On our de novo review, we determine the mother did not meet her heavy burden to show a substantial and material change of circumstances to modify the custodial and physical care provisions of the original custody order.  Accordingly, we affirm.

Case No. 23-0417:  In re Marriage of Janti

Filed Dec 20, 2023

View Opinion No. 23-0417

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (7 pages)

            Brian Janti appeals from the decree dissolving his marriage to Tina Janti, challenging the district court’s decision to place the parties’ child in the parties’ joint physical care.  He asks to have the child placed in his physical care.  Both parties request appellate attorney fees.  OPINION HOLDS: We determine the court properly considered the evidence and found the child should be placed in the joint physical care of both parents.  We decline to award appellate attorney fees to either party.

Case No. 23-0576:  In the Interest of A.M., Minor Child

Filed Dec 20, 2023

View Opinion No. 23-0576

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the court’s decision denying her request to terminate the parental rights of her child’s biological father.  OPINION HOLDS: The mother did not meet her burden to show by clear and convincing evidence that the father abandoned the child.  We affirm the district court’s decision.

Case No. 23-1244:  In the Interest of C.R., Minor Child

Filed Dec 20, 2023

View Opinion No. 23-1244

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds for termination, argues termination is not in the child’s best interests, contends the court failed to consider any permissive exceptions to termination, and requests additional time to work toward reunification.  OPINION HOLDS: Because the father has only challenged one of the two grounds for termination, he has waived any challenge to the unchallenged ground for termination.  Termination is in the child’s best interests, and the father has not met his burden to show that a permissive exception should apply to preclude termination.  We do not grant the father any additional time to work toward reunification.

Case No. 23-1534:  In the Interest of H.P., N.P., N.P., and J.P., Minor Children

Filed Dec 20, 2023

View Opinion No. 23-1534

            Appeal from the Iowa District Court for Tama County, Casey Jones, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Buller, JJ. Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: As we determine that termination is in the best interest of the children, a further delay in permanency is unwarranted, and a guardianship is not the appropriate permanency option, we affirm.

Case No. 23-1536:  In the Interest of A.B.-G., K.B.-G., and K.B.-G., Minor Children

Filed Dec 20, 2023

View Opinion No. 23-1536

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to three children, contending that termination is not in their best interests and requesting more time.  OPINION HOLDS: We see no reason to extend the time that has already been given to the mother while she was unable to stabilize herself and be a successful parent.  Termination and a move toward stability is in the children’s best interests, and the strength of the parent-child relationship does not counsel against termination. 

Case No. 23-1564:  In the Interest of L.S. and C.S., Minor Children

Filed Dec 20, 2023

View Opinion No. 23-1564

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (14 pages)

            A mother appeals the permanency order continuing placement of her two children in the sole custody of their father.  OPINION HOLDS: Because we find that the State has demonstrated that the children could not be returned to the custody of the mother without causing them harm due to her numerous and unsubstantiated reports of child abuse to the department and law enforcement, alcohol abuse, and inability to regulate her emotions, continuing their placement with the father is in their best interests, and we affirm.

Case No. 23-1596:  In the Interest of A.R., Minor Child

Filed Dec 20, 2023

View Opinion No. 23-1596

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

            A mother appeals the permanency order placing a child in a guardianship.  OPINION HOLDS: We affirm because the mother has failed to acknowledge or address problems inside the home, including domestic violence, substance abuse, animal abuse, physical abuse, and sexual abuse.

Case No. 23-1644:  In the Interest of E.W. and H.W., Minor Children

Filed Dec 20, 2023

View Opinion No. 23-1644

            Appeal from the Iowa District Court for Crawford County, Kristal L. Phillips, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A father appeals the termination of his parental rights to his twins.  He contends the State failed to prove both the grounds for termination and that termination is in the children’s best interests.  OPINION HOLDS: Because the statutory grounds for termination have been established and termination is in the best interests of the children, we affirm termination of the father’s parental rights.

Case No. 23-1706:  In the Interest of S.H.-M, X.R., and J.M., Minor Children

Filed Dec 20, 2023

View Opinion No. 23-1706

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the mother’s parental rights, termination of her rights is in the children’s best interests, none of the exceptions to termination should be applied, and an extension of time for additional reunification efforts is unwarranted.  We affirm the termination of the mother’s parental rights.

Case No. 22-0299:  State of Iowa v. Kristofer Allen Erlbacher

Filed Dec 06, 2023

View Opinion No. 22-0299

            Appeal from the Iowa District Court for Harrison County, Greg W. Steensland, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (11 pages)

            A criminal defendant appeals his first-degree murder conviction, asserting the State’s evidence at trial was insufficient to overcome his alleged justification and intoxication.  OPINION HOLDS: Because the State offered substantial evidence of the defendant’s guilt despite the defendant’s proffered defenses, we affirm.

Case No. 22-0550:  In re the Marriage of Bittner

Filed Dec 06, 2023

View Opinion No. 22-0550

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (14 pages)

            A former wife argues that the trial court failed to include in the calculation of marital assets the former husband’s “cash bankroll” he kept in the house safe for gambling purposes; that the court failed to find the husband dissipated assets after the wife filed the dissolution petition by his continued gambling as well as excessive spending as shown by his credit card use; and that the court failed to award the wife transitional spousal support.  OPINION HOLDS: We affirm the district court as to the “cash bankroll,” dissipation of assets by excessive credit card spending, and denial of transitional spousal support, but we modify the decree as to the dissipation of assets by the husband’s gambling.  We deny the husband’s request for appellate attorney fees.

Case No. 22-0677:  Brett Andrew Gilden v. State of Iowa

Filed Dec 06, 2023

View Opinion No. 22-0677

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Tabor, P.J.  (10 pages)

            A jury convicted Brett Gilden of willful injury causing bodily injury, going armed with intent, and assault while displaying a dangerous weapon.  The district court denied his application for postconviction relief (PCR).  On appeal, he contends the PCR court should have found that his trial attorney was ineffective by (1) allowing the jury to hear that he served time in jail and (2) not requesting a jury instruction to clarify when justification was an available defense.  He also seeks a retrial based on newly discovered evidence that the stabbing victim partially recanted his trial testimony.  OPINION HOLDS: On the ineffective-assistance-of-counsel claims, Gilden falls short in proving prejudice stemming from his trial attorney’s inaction.  As for his claim of newly discovered evidence, we share the PCR court’s view that the recantation was neither credible nor persuasive.  Thus, we affirm.

Case No. 22-0863:  Mickael Clemann v. Iowa District Court for Scott County

Filed Dec 06, 2023

View Opinion No. 22-0863

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  WRIT ANNULLED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (8 pages)

            A criminal defendant petitions for a writ of certiorari surrounding his simple misdemeanor conviction.  OPINION HOLDS: We find that, on the peculiar facts of this record, we need not answer whether the defendant was entitled to a simple-misdemeanor jury trial, and we annul the writ of certiorari because the district judge did not act illegally when adjudicating the simple misdemeanor.

Case No. 22-1090:  State of Iowa v. Stephen Joshua Wilson

Filed Dec 06, 2023

View Opinion No. 22-1090

            Appeal from the Iowa District Court for Adair County, Stacy Ritchie, Judge.  CONVICTION AND SENTENCE CONDITIONALLY AFFIRMED, RULING VACATED AND REMANDED.  Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Stephen Johnson Wilson appeals his conviction of disarming a peace officer, arguing the evidence is insufficient and the conviction is contrary to the weight of the evidence.  OPINION HOLDS: Because substantial evidence supports the verdict, we affirm conditionally.  But because the trial court applied the incorrect standard in ruling on his motion for new trial, we reverse and remand for the trial court to consider the motion applying the correct standard.

Case No. 22-1302:  State of Iowa v. Jonathan Johnson

Filed Dec 06, 2023

View Opinion No. 22-1302

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Jonathan Johnson appeals after pleading guilty to stalking and criminal mischief in the third degree.  He argues the State breached the plea agreement by recommending a harsher sentence than that provided in the agreement.  OPINION HOLDS: Because the plea agreement allowed the State to withdraw upon reasonable cause to believe Johnson violated a court order, and because the State provided proof of such violations, the State did not breach the plea agreement when it recommended a harsher sentence. 

Case No. 22-1370:  Christopher Lee King v. State of Iowa

Filed Dec 06, 2023

View Opinion No. 22-1370

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Heard by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Badding, J.  (14 pages)

            Christopher King appeals the denial of his application for postconviction relief from his convictions for various sex crimes.  King contends the district court erred in rejecting his claims that trial counsel was ineffective for (1) failing to renew a motion for change of venue; (2) failing “to preserve error when his motion[s] to strike problematic jurors were wrongly denied,” and (3) eliciting inadmissible vouching testimony.  OPINION HOLDS: We affirm the denial of King’s application for postconviction relief, concluding he failed to meet his burden to prove ineffective assistance of counsel.

Case No. 22-1782:  Quantrell Liquan McDaniel v. State of Iowa

Filed Dec 06, 2023

View Opinion No. 22-1782

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

            Quantrell McDaniel appeals the denial of his application for postconviction relief, arguing the district court erred in denying his claim of ineffective assistance of trial counsel.  OPINION HOLDS: We agree with the district court that McDaniel did not prove his attorneys breached an essential duty and therefore affirm. 

Case No. 22-1845:  State of Iowa v. Jeffery John Wanninger

Filed Dec 06, 2023

View Opinion No. 22-1845

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge. AFFIRMED.  Considered by Bower, C.J., and Greer and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Jeffery Wanninger appeals his convictions for sexual abuse in the second degree and sexual abuse in the third degree, arguing the convictions were not supported by sufficient evidence.  OPINION HOLDS: Because substantial evidence exists to support Wanninger’s convictions, we affirm.

Case No. 22-1850:  State of Iowa v. Brandon Lee Nelson

Filed Dec 06, 2023

View Opinion No. 22-1850

            Appeal from the Iowa District Court for O'Brien County, Don E. Courtney, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A defendant appeals his conviction for second-degree theft for taking a motor vehicle, contending that he did not intend to permanently deprive the owner of the vehicle.  OPINION HOLDS: Because the State did not prove that element beyond a reasonable doubt, we reverse the defendant’s theft conviction and remand for entry of judgment of acquittal. 

Case No. 22-1905:  Conservatorship of Janice Geerdes by Laura Jenkins, v. Albert Gomez Cruz

Filed Dec 06, 2023

View Opinion No. 22-1905

            Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  Dissent by Buller, J.  (21 pages)

            Albert Cruz appeals the invalidation of a quitclaim deed from Janice Geerdes because of undue influence and lack of mental capacity to execute the deed.  OPINION HOLDS: Considering the heightened mental capacity required for an inter vivos transfer and the record as a whole—especially Geerdes’s mental state in the months before and after signing the deed—we agree the conservator carried her burden to prove Geerdes lacked the mental capacity to execute the deed.  DISSENT ASSERTS: Based on my review of the record and precedent, I cannot join the majority in finding the district court’s mental-capacity analysis is supported by clear and convincing evidence such that we can invalidate Geerdes’s property rights.  I would instead reverse the district court.

Case No. 22-1908:  Willie Harris, Individually, and as Administrator of the Estate of Sabrina Harris, and Breanna Harris v. Select Specialty Hospital - Quad Cities, Inc., Select Specialty Hospital - Eastern Iowa, Inc., and Select Medical Corporation

Filed Dec 06, 2023

View Opinion No. 22-1908

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (16 pages)

            The Estate of Sabrina Harris, Willie Harris, and Breanna Harris appeal the district court striking one of their expert witnesses and granting summary judgment and dismissing their claims against Select Specialty Hospital–Quad Cities, Inc., Select Specialty Hospital–Eastern Iowa, Inc., and Select Medical Corporation.  OPINION HOLDS: Finding the Harrises failed to establish a prima facie case of medical negligence, we affirm.

Case No. 22-1961:  State of Iowa v. Michael William Walker McPeek Jr.

Filed Dec 06, 2023

View Opinion No. 22-1961

            Appeal from the Iowa District Court for Story County, John R. Flynn, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (10 pages)

            Michael McPeek appeals his convictions for second-degree arson and first-degree criminal mischief.  OPINION HOLDS: Because there is substantial evidence for his convictions, the district court did not abuse its discretion in denying his motion for new trial, and his convictions do not merge, we affirm McPeek’s convictions and sentences.

Case No. 22-2066:  In the Matter of Property Seized from David Ray Brooks

Filed Dec 06, 2023

View Opinion No. 22-2066

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin and Coleman McAllister, Judges.  APPEAL DISMISSED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (12 pages)

            The State appeals the district court’s order setting aside a forfeiture judgment.  OPINION HOLDS: Because the order setting aside the in rem judgment was a final order, the State’s appeal was untimely.  And since the State filed its appeal after the thirty-day deadline pursuant to Iowa Rule of Appellate Procedure 6.101(1)(b), we lack jurisdiction to hear the case and dismiss the appeal.

Case No. 22-2103:  State of Iowa v. Thrace Shaquielle Young-McDade

Filed Dec 06, 2023

View Opinion No. 22-2103

            Appeal from the Iowa District Court for Marshall County, Adria Kester, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (4 pages)

            Thrace Young-McDade appeals the district court’s imposition of consecutive sentences, claiming it violated the “terms or spirit” of his plea agreement with the State.  OPINION HOLDS: Because we find Young-McDade received the agreed-upon sentences under his plea agreement, he has not established good cause to appeal.  Therefore, we dismiss the appeal.

Case No. 23-0065:  State of Iowa v. Jayvon Jamere Grubbs

Filed Dec 06, 2023

View Opinion No. 23-0065

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (3 pages)

            Jayvon Grubbs appeals the sentence imposed after pleading guilty to the charge of felon in possession of a firearm.  OPINION HOLDS: Because Grubbs fails to show the district court abused its discretion by relying on an improper sentencing factor, we affirm.

Case No. 23-0076:  U.S. Bank v. Langmaid

Filed Dec 06, 2023

View Opinion No. 23-0076

            Appeal from the Iowa District Court for Jasper County, Stacy Ritchie, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

 

            U.S. Bank appeals a district court ruling dismissing its petition with prejudice for lack of subject matter jurisdiction.  OPINION HOLDS: The district court erred in applying Iowa Rule of Civil Procedure 1.943 to an involuntary dismissal and acted without subject matter jurisdiction in determining no signed homestead exception existed.

Case No. 23-0208:  State of Iowa v. Johnathan Dale Laue

Filed Dec 06, 2023

View Opinion No. 23-0208

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  Partial Dissent by Ahlers, J. (9 pages)

            Jonathan Laue appeals the sentence and fine imposed by the district court following his guilty plea to driving while barred.  OPINION HOLDS: The district court properly exercised its discretion in sentencing Laue to two years in prison.  Because the written sentencing order incorrectly imposes a fine rather than suspending it as pronounced from the bench, we remand to the district court for issuance of an order nunc pro tunc to correct the clerical error. PARTIAL DISSENT ASSERTS: While I concur with the majority’s determination that the oral pronouncement of judgment controls over the written judgment, I dissent from its decision to remand with direction to issue an order nunc pro tunc to make the written judgment consistent with the oral pronouncement because the oral pronouncement imposed an illegal sentence.  Instead, I would vacate the sentence and remand for resentencing.

Case No. 23-0226:  State of Iowa v. John Houston Fraley

Filed Dec 06, 2023

View Opinion No. 23-0226

            Appeal from the Iowa District Court for Taylor County, Elisabeth Reynoldson, Judge.  WRIT ANNULLED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            John Fraley challenges a restitution order.  He claims the State failed to establish a utility company was entitled to restitution to replace a utility pole that caught fire after Fraley started a fire in a nearby burn barrel and left it unattended.  OPINION HOLDS: The State established causation between Fraley’s conduct and the damage to the utility pole; therefore, the utility company was entitled to restitution to cover the cost of replacing the utility pole.

Case No. 23-0259:  State of Iowa v. J. Doe

Filed Dec 06, 2023

View Opinion No. 23-0259

            Appeal from the Iowa District Court for Kossuth County, Andrew Smith, District Associate Judge.  EXTENSION OF NO-CONTACT ORDER REVERSED; SENTENCE VACATED IN PART AND REMANDED FOR ENTRY OF CORRECTED SENTENCE.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (8 pages)

            A defendant appeals the extension of a no-contact order under Iowa Code section 664A.8 (2022).  OPINION HOLDS: Because we find issue preclusion did not apply to the determination of whether the defendant no longer posed a threat to the protected party, we reverse the district court’s grant of summary judgment to the State and remand for cancellation of the extension order.  But because the original no-contact order contained in the original sentencing order was illegally short, we vacate that part of the sentence and remand for entry of a corrected sentence to include a five-year no-contact order beginning at the time of original sentencing.

Case No. 23-0375:  State of Iowa v. Mason Daniel Hampton

Filed Dec 06, 2023

View Opinion No. 23-0375

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

            Mason Daniel Hampton appeals his conviction of operating while intoxicated, challenging the district court’s denial of his motion to suppress evidence obtained as a result of a traffic stop.  OPINION HOLDS: Because the officer did not violate Hampton’s federal constitutional rights to be free from unreasonable searches and seizures and we decline to adopt a more stringent interpretation under the Iowa Constitution, we affirm the district court’s denial of his motion to suppress.

Case No. 23-0383:  State of Iowa v. Trivansky Tyrique Swington

Filed Dec 06, 2023

View Opinion No. 23-0383

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Trivansky Swington appeals the fines imposed by the district court after he pled guilty to forgery and theft in the second-degree.  Swington argues he agreed to the statutory minimum fine. OPINION HOLDS: Finding no evidence of an abuse of discretion or clerical error in the sentence, we affirm.

Case No. 23-0481:  In re the Marriage of McDonald

Filed Dec 06, 2023

View Opinion No. 23-0481

            Appeal from the Iowa District Court for O’Brien County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            Tyler McDonald appeals from the order that modified the decree dissolving his marriage to Cheri McDonald, which granted her physical care of the parties’ only child together and awarded her partial attorney fees.  OPINION HOLDS: Giving the district court’s factual findings the weight they deserve, we agree that placing the child with Cheri is in the child’s best interests—particularly his interest in being supported to have a relationship with both parents—even considering the general presumption in favor of placing half-siblings together or other concerns.  The district court did not abuse its discretion in awarding Cheri $5000 of her attorney fees.

Case No. 23-0807:  State of Iowa v. Stephen Prentice Potter

Filed Dec 06, 2023

View Opinion No. 23-0807

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Stephen Prentice Potter appeals the sentences imposed by the district court, contending the district court abused its discretion by failing to properly weigh opportunities for rehabilitation and the State breached the plea agreement.  OPINION HOLDS: Because we find the district court did not abuse its discretion and the State did not breach the plea agreement, we affirm the sentences.

Case No. 23-0869:  In re The Marriage of Wonser

Filed Dec 06, 2023

View Opinion No. 23-0869

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

            Paul Timothy Wonser appeals the denial of his request to modify physical care of the children he shares with Molly Ruth Gibson.  Paul argues a substantial change in circumstances occurred since the initial determination and it is in the best interests of the children for him to have physical care.  OPINION HOLDS: While Paul has met his burden in establishing that a substantial change in circumstances occurred, we find Molly is better suited to acting as the physical caretaker and that the children’s best interests are served by them being in her care.  We affirm the district court’s denial of Paul’s petition to modify physical care.

Case No. 23-1123:  In the Interest of L.S. and V.S., Minor Children

Filed Dec 06, 2023

View Opinion No. 23-1123

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to two children, L.S., born in 2019, and V.S., born in 2019.  She contends the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the best interests of the children, and her parental rights should not be terminated due to the closeness of the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 23-1127:  In the Interest of J.R., A.R., and L.R., Minor Children

Filed Dec 06, 2023

View Opinion No. 23-1127

            Appeal from the Iowa District Court for Dickinson County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            A father appeals the private termination of his parental rights to his three children.  OPINION HOLDS: The mother proved that the father abandoned the children as defined by Iowa Code section 600A.8(3) (2022) and that termination of his parental rights is in the children’s best interests.

Case No. 23-1317:  In the Interest of J.G., D.G., and A.G., Minor Children

Filed Dec 06, 2023

View Opinion No. 23-1317

            Appeal from the Iowa District Court for Cass County, Justin R. Wyatt, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Buller, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights.  She contends the State failed to prove the grounds for termination cited by the juvenile court, the Iowa Department of Health and Human Services failed to make reasonable efforts toward reunification, and termination is not in the best interests of the children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 23-1320:  In the Interest of E.H., E.H., and N.H., Minor Children

Filed Dec 06, 2023

View Opinion No. 23-1320

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

            A father appeals the termination of his parental rights to three daughters.  He challenges the statutory grounds for termination and argues that termination was not in their best interests.  OPINION HOLDS: The State showed that the children could not be safely returned to their father at the present time.  And termination is in the girls’ best interests.  We affirm. 

Case No. 23-1509:  In the Interest of K.P., Minor Child

Filed Dec 06, 2023

View Opinion No. 23-1509

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

            The father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because neither delaying permanency for an additional six months nor establishing a guardianship in lieu of termination are in the child’s best interests, we affirm.

Case No. 23-1625:  In the Interest of A.S., Minor Child

Filed Dec 06, 2023

View Opinion No. 23-1625

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

            A mother and father separately appeal the termination of their respective parental rights.  The father only challenges whether termination is in the child’s best interests and makes reference to his bond with the child.  The mother challenges one of the two grounds the juvenile court found satisfied to authorize termination and whether termination is in the child’s best interests.  OPINION HOLDS: Because the mother only challenged one of the two statutory grounds for termination, she has waived any challenge to the unchallenged ground for termination.  Termination of both parents’ rights is in the child’s best interests.  And to the extent either parent tries to invoke a permissive exception to termination, we find neither parent has met the parent’s burden to warrant application of a permissive exception.

Case No. 21-1318:  State of Iowa v. Michi Deshawn Palmer

Filed Nov 21, 2023

View Opinion No. 21-1318

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

            Michi Palmer appeals his convictions for intimidation with a dangerous weapon with intent with a habitual offender enhancement, possession of a firearm by a felon with a habitual offender enhancement, assault with intent to inflict serious injury, domestic abuse assault with a dangerous weapon, and harassment in the second degree.  He contends the district court made erroneous evidentiary rulings and abused its discretion in denying his motion for new trial.  In his motion, he asserted the convictions for all but the possession-of-a-firearm charge were contrary to the weight of the evidence.  OPINION HOLDS: The district court properly admitted prior instances of domestic abuse, jail calls amounting to witness tampering, and the 911 call.  The district court did not abuse its discretion in denying a new trial on all contested convictions.  Accordingly, we affirm.

Case No. 22-0152:  State of Iowa v. Ryan Matthew Allen

Filed Nov 21, 2023

View Opinion No. 22-0152

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING WITH DIRECTIONS.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A defendant challenges his conviction and sentence for second-degree robbery.  He argues that the evidence was insufficient to sustain his conviction and seeks resentencing for the court to consider a validated risk assessment under Iowa Code section 901.11(4) (2021).  OPINION HOLDS: Because the State presented ample evidence to support the verdict, we affirm his conviction.  As for his sentence, we find the district court abused its discretion in setting the mandatory minimum term while missing pertinent information mandated by section 901.11(4).  We thus reverse and remand for resentencing—before which the department of correctional services should file an amended presentence investigation report including a valid risk assessment.

Case No. 22-0380:  State of Iowa v. Chad Allen Staton

Filed Nov 21, 2023

View Opinion No. 22-0380

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J. (8 pages)

            Chad Staton appeals from his convictions and sentences for sexual abuse in the second and third degree and incest.  OPINION HOLDS: Staton’s convictions are supported by substantial evidence, the district court did not abuse its discretion in admitting L.S.’s testimony about Staton previously sexually assaulting her, and the court did not abuse its discretion during sentencing. 

Case No. 22-0779:  Nathan Daniel Olsen v. State of Iowa

Filed Nov 21, 2023

View Opinion No. 22-0779

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Nathan Olsen appeals the dismissal of an application to modify a requirement to register with the Iowa Sex Offender Registry.  OPINION HOLDS: Olsen is not required to register with the Iowa Sex Offender Registry because he does not live, work, or attend school in Iowa.  Until he does, there is no registration requirement for the court to modify.  Because Olsen’s application to modify the sex offender registration requirement is not ripe for review, we affirm its dismissal.

Case No. 22-0813:  Timothy Duane Smith v. State of Iowa

Filed Nov 21, 2023

View Opinion No. 22-0813

            Appeal from the Iowa District Court for Cass County, Greg W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  Dissent by Schumacher, J.  (21 pages)

              Timothy Smith appeals the denial of his application for postconviction relief (PCR).  Smith claims trial counsel failed to (1) request additional strikes when the trial court refused to grant challenges for cause of prospective jurors, (2) move for a mistrial due to claimed juror misconduct, and (3) call witnesses that had evidence favorable to his defense.   He also passively claims cumulative errors amount to prejudice.  OPINION HOLDS: We find counsel was ineffective in failing to request additional strikes to preserve error under State v. Jonas, and that failure here constituted prejudice.  We reverse and remand for a new trial.  DISSENT ASSERTS: As Smith failed to demonstrate prejudice in regard to the peremptory strikes and failed to prove a breach of duty by his trial counsel regarding jury misconduct and defense witnesses, the district court’s denial of Smith’s PCR application should be affirmed.

Case No. 22-0858:  Kenneth Raphael Moore v. State of Iowa

Filed Nov 21, 2023

View Opinion No. 22-0858

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            Kenneth Raphael Moore appeals the denial of his application for postconviction relief, contending plea counsel were constitutionally ineffective, thus entitling him to a new trial.  OPINION HOLDS: Because Moore failed to prove either a breach of essential duty or the requisite prejudice, his ineffective-assistance-of-counsel claims fail.  We affirm.

Case No. 22-1139:  State of Iowa v. David Robert Johnson

Filed Nov 21, 2023

View Opinion No. 22-1139

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  CONVICTIONS AFFIRMED, SENTENCES AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (19 pages)

            David Johnson appeals his convictions and sentences for sexual abuse, neglect or abandonment of a dependent person, lascivious acts with a child, and incest.  OPINION HOLDS: We find that the district court did not abuse its discretion in denying Johnson’s motion to sever and correctly denied Johnson’s challenge to the State’s use of peremptory strikes on potential male jurors.  We further find there was sufficient evidence to support the two third-degree sexual abuse convictions that Johnson challenges on appeal.  However, because the State concedes the district court did not give sufficient reason for its imposition of consecutive sentences, we vacate that portion of the sentencing order and remand for resentencing.

Case No. 22-1313:  John Doe v. Iowa Board of Medicine

Filed Nov 21, 2023

View Opinion No. 22-1313

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (20 pages)

            Dr. John Doe appeals the district court’s denial of his petition for judicial review of the Iowa Board of Medicine’s order for a clinical competency evaluation and statement of charges for professional incompetency.  OPINION HOLDS: Dr. Doe submitted to the evaluation without objection, and the challenges to the order for the clinical competency evaluation now come more than fourteen days after Dr. Doe received the order; therefore, the challenge now is moot and untimely.  The charge of professional incompetency was supported by substantial evidence at the contested case hearing.  We affirm the district court’s denial.

Case No. 22-1377:  Wollesen v. Wixted, Inc.

Filed Nov 21, 2023

View Opinion No. 22-1377

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (13 pages)

            Plaintiffs appeal the district court’s grant of summary judgment in favor of the defendants, arguing their claims are not time-barred because (1) their aiding-and-abetting-breach-of-fiduciary-duty claim is subject to a longer limitation period, and (2) the defendants published a defamatory statement fewer than two years before they filed suit.  OPINION HOLDS: The plaintiffs’ aiding-and-abetting-breach-of-fiduciary-duty claim is in fact a claim for attack on reputation, so it is subject to a two-year limitation period.  As the only two statements made within the limitation period are not defamatory as a matter of law, we affirm.

Case No. 22-1450:  The Estate of Lewis v. Looney

Filed Nov 21, 2023

View Opinion No. 22-1450

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (11 pages)

            The Estate of Lewis appeals the dismissal of its negligence action against Brian Looney.  OPINION HOLDS: The district court erred in concluding it was without jurisdiction to proceed.  Rather, the question is whether the court lacked authority.  Because we conclude the court did have authority to continue the trial and the defense’s complaint came too late where it was aware of the closing of the estate and made no complaint during pretrial motions, jury selection, opening statements, and two full days of testimony, we reverse and remand for further proceedings. 

Case No. 22-1471:  Bowman v. State

Filed Nov 21, 2023

View Opinion No. 22-1471

            Appeal from the Iowa District Court for Polk County, David W. Nelmark, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  Langholz, J., takes no part.  (3 pages)

            A self-represented plaintiff appeals from the dismissal of his petition for judicial review.  OPINION HOLDS: We affirm, finding the plaintiff failed to properly effect service.

Case No. 22-1491:  Wendy Dishman v. State of Iowa

Filed Nov 21, 2023

View Opinion No. 22-1491

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Langholz, J., takes no part.  Opinion by Ahlers, J.  (7 pages)

            The State of Iowa seeks interlocutory review following the district court’s denial of its motion for summary judgment arguing it is shielded from liability from the plaintiff’s tort claims by sovereign immunity and the plaintiff’s constitutional tort claim is no longer viable because the supreme court overruled Godfrey v. State, 898 N.W.2d 844 (Iowa 2017).  OPINION HOLDS: Under Iowa Code section 669.14(4) (2018) the State has not waived sovereign immunity to claims for interference with contract rights, like those brought by the plaintiff.  So the district court erred in denying the motion for summary judgment to the related counts.  The plaintiff’s constitutional tort claim is no longer viable after the supreme court overturned Godfrey.  So on remand the district court must grant summary judgment to the State on all remaining counts.

Case No. 22-1582:  State of Iowa v. Bryan Richard Carr

Filed Nov 21, 2023

View Opinion No. 22-1582

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (4 pages)

            Bryan Carr appeals his conviction for driving a motor vehicle while his license was revoked, complaining “the district court failed to enter into an appropriate colloquy on the record with [him] in order to determine if he understood his waiver of the right to remain silent at trial.”  OPINION HOLDS: We affirm Carr’s conviction.

Case No. 22-1755:  State of Iowa v. Dennis Gary Ridder

Filed Nov 21, 2023

View Opinion No. 22-1755

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

            Dennis Ridder appeals his conviction for second-degree harassment, challenging the sufficiency of the evidence supporting lack of justification.  OPINION HOLDS: We conclude the State provided substantial evidence that Ridder was not justified, and we affirm the conviction for second-degree harassment.

Case No. 22-1761:  In the Matter of the Trust Under the Will of Wilhelm A. Youngerman

Filed Nov 21, 2023

View Opinion No. 22-1761

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (7 pages)

            The estate of Susan Marth appeals an order approving distribution of land under the terms of a testamentary trust.  OPINION HOLDS: Because the proposed distribution is within the bounds of the language of the testamentary trust and Iowa Code chapter 651 (2021) does not apply, we affirm.

Case No. 22-1848:  State of Iowa v. Shawn Michael Smith

Filed Nov 21, 2023

View Opinion No. 22-1848

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (6 pages)

                Shawn Smith appeals his conviction for domestic abuse assault causing bodily injury.  He argues the evidence was insufficient to show he and the victim were family or household members or, in other words, persons cohabiting.  OPINION HOLDS: We find the evidence sufficient to support cohabitation and affirm Smith’s conviction.

Case No. 22-1925:  State of Iowa v. Quntonio Herron Jr.

Filed Nov 21, 2023

View Opinion No. 22-1925

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            Quntonio Herron Jr. appeals the sentence entered following his guilty plea to two counts of homicide by vehicle by reckless driving, one count of serious injury by vehicle by reckless driving, and one count of leaving the scene of an accident resulting in death.  He contends the trial court must have considered the content of emotion-laden victim impact statements delivered in the course of the sentencing hearing.  OPINION HOLDS: Because the district court properly relied on the appropriate factors in sentencing Herron and there is no evidence of it abusing its discretion by considering impermissible factors, we affirm the sentence. 

Case No. 22-1954:  In re the Marriage of Clasing

Filed Nov 21, 2023

View Opinion No. 22-1954

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (7 pages)

            Kevin Clasing appeals asset-division and spousal-support provisions in the decree dissolving his marriage to Kitty Clasing.  OPINION HOLDS: After weighing all pertinent factors, we find the district court equitably distributed marital assets and awarded spousal support.  Upon our review, we affirm. 

Case No. 22-1987:  State of Iowa v. Kevin Isidro Martinez

Filed Nov 21, 2023

View Opinion No. 22-1987

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

            Kevin Martinez appeals the sentences imposed following his plea of guilty to two counts of intimidation with a dangerous weapon.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

Case No. 22-2008:  In re Estate of Kooiker

Filed Nov 21, 2023

View Opinion No. 22-2008

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Lyle Kooiker appeals the order modifying the portion of the special master’s report addressing the valuation of farmland in the residue of his mother’s estate.  OPINION HOLDS: Because the district court correctly determined that the special master’s recommendation to value the farmland based on its appraised value at the date of death was erroneous, we affirm the order modifying the report to use a date-of-distribution valuation, which honors the testator’s intent.

Case No. 22-2065:  Jessie Teah v. State of Iowa

Filed Nov 21, 2023

View Opinion No. 22-2065

            Appeal from the Iowa District Court for Marion County, Martha L. Mertz, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (3 pages)

            An applicant appeals the dismissal of his application for postconviction relief, arguing equitable tolling should be applied to save his application from dismissal based on the statute of limitations.  OPINION HOLDS: We find the applicant failed to preserve error on his equitable tolling claim.  Accordingly, we affirm.

Case No. 23-0014:  Brian Bradley York v. Katelyn Elaine Heikens

Filed Nov 21, 2023

View Opinion No. 23-0014

            Appeal from the Iowa District Court for Grundy County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            Brian York appeals the decree granting physical care of two minor children to Katelyn Heikens.  OPINION HOLDS: Because the relevant factors do not weigh in favor of joint physical care based on the parties’ current no-contact order and Brian’s history of conflict and lack of respect for Katelyn, we affirm the district court’s decision to place physical care of both children with Katelyn.  We award Katelyn $4000 in appellate attorney fees.

Case No. 23-0061:  In the Interest of A.P., Minor Child

Filed Nov 21, 2023

View Opinion No. 23-0061

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (7 pages)

            The mother appeals the termination of her parental rights under Iowa Code chapter 600A (2021).  OPINION HOLDS: Because we agree that the mother abandoned her child and failed to pay child support and we find termination is the child’s best interest, we affirm.

Case No. 23-0357:  In re Marriage of Bintner

Filed Nov 21, 2023

View Opinion No. 23-0357

            Appeal from the Iowa District Court for Audubon County, Richard Davidson, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

                Marty Paul Bintner appeals the modification of the decree dissolving his marriage to Sheila Von Johnson.  OPINION HOLDS: Because Sheila established a substantial change of circumstance that renders the original spousal support award grossly unfair, we affirm the court’s order extending the support obligation.  We also affirm the trial court’s award of attorney fees and award her appellate attorney fees.

Case No. 23-0443:  In re the Marriage of Daugherty

Filed Nov 21, 2023

View Opinion No. 23-0443

            Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            Jeffrey A. Daugherty appeals the order denying his request to modify the physical care provisions of the decree dissolving his marriage to Tammy J. Daugherty, n/k/a Tammy J. Ryan-Zuniga.  He contends a substantial change in circumstances warrants modifying joint physical care of the parties’ two youngest children to grant him physical care.  OPINION HOLDS: Because we agree that continuing the joint-physical-care arrangement set forth in the modification order serves the best interests of the two younger children, we affirm.

Case No. 23-0521:  State of Iowa v. Jissel Magali Gomez-Torres

Filed Nov 21, 2023

View Opinion No. 23-0521

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Carr, S.J.  Opinion by Greer, P.J.  (7 pages)

            Jissel Gomez-Torres challenges the district court’s denial of her motion to suppress and subsequent conviction for operating while intoxicated, arguing that the traffic stop of her vehicle was not supported by reasonable suspicion.  OPINION HOLDS: The deputy had reasonable suspicion to support his stop of Gomez-Torres’s vehicle through his observation of Gomez-Torres driving down the middle of two lanes over their dashed dividing line, weaving within her lane and touching the center and edge lines, varying her speed to twenty miles per hour below the speed limit, almost missing her exit, and driving over the gore area while crossing the solid white line to make that turn.  We affirm.

Case No. 23-0627:  In re the Marriage of Pence

Filed Nov 21, 2023

View Opinion No. 23-0627

            Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  REVERSED AND REMANDED ON APPEAL AND CROSS-APPEAL.  Heard by Schumacher, P.J., Langholz, J., and Gamble, S.J.  Opinion by Langholz, J.  (11 pages)

            William Pence and Molly Myren appeal from the denial of their requests to modify the child-custody and joint-physical-care provisions of their dissolution-of-marriage decree.  OPINION HOLDS: Myren’s 300-mile move is a substantial change in circumstances warranting modification of the joint-physical-care provisions of the decree.  We grant Myren physical care and remand to the district court to determine appropriate modifications of visitation and child support.  The parties will retain joint legal custody.  And we decline to award appellate attorney fees.

Case No. 23-0728:  Kevin James Daniels v. Brittney Jade Arends

Filed Nov 21, 2023

View Opinion No. 23-0728

            Appeal from the Iowa District Court for Grundy County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Langholz, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Brittney Arends appeals the order modifying the visitation provisions of the custody decree concerning two children she shares with Kevin Daniels.  OPINION HOLDS: The change in Kevin’s work schedule is a material change in circumstances that warrants modifying the decree to allow him midweek and expanded weekend visits, which serves the children’s best interests.  Because Brittney failed to show a material change of circumstances that warrants modifying summer visitation, we affirm the denial of her modification request.  We decline to award Brittney appellate attorney fees.

Case No. 23-0773:  Amy Eileen Guiter v. Diane Lee Meinecke, Personally and as Executor of the Estate of Hal Dean Meinecke

Filed Nov 21, 2023

View Opinion No. 23-0773

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A granddaughter appeals the district court’s ruling that the sale of real estate by her grandmother was valid under her grandfather’s will.  OPINION HOLDS: Because the granddaughter fails to show the land sale violated the terms of the will, we affirm the ruling. 

Case No. 23-1229:  In the Interest of C.C. and M.C., Minor Children

Filed Nov 21, 2023

View Opinion No. 23-1229

             Appeal from the Iowa District Court for Harrison County, Justin R. Wyatt, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (9 pages)

            The mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: Because we find the district court did not abuse its discretion in denying their motion to continue and having found the statutory grounds satisfied, we affirm termination of the mother’s and father’s parental rights.

Case No. 23-1253:  In the Interest of M.A. and S.A., Minor Children

Filed Nov 21, 2023

View Opinion No. 23-1253

            Appeal from the Iowa District Court for Crawford County, Kristal L. Phillips, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (12 pages)

            A mother appeals the termination of her parental rights to two children, M. and S.  OPINION HOLDS: Because we find reasonable efforts were made to reunify given the mother’s level of participation, a statutory ground for termination was established, termination is in the children’s best interests, and the court correctly declined to apply any exceptions to termination, we affirm.

Case No. 23-1287:  In the Interest of H.L., A.L., Z.L., and B.L., Minor Children

Filed Nov 21, 2023

View Opinion No. 23-1287

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to her four children.  She argues the State did not meet its burden in establishing the grounds for termination.  OPINION HOLDS: Upon our de novo review, we find there is clear and convincing evidence to support termination of the mother’s parental rights and we therefore affirm.

Case No. 23-1299:  In the Interest of I.F., L.F., A.F., and B.S., Minor Children

Filed Nov 21, 2023

View Opinion No. 23-1299

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State proved a ground for termination, termination is in the children’s best interests, and the mother’s bond with the children does not preclude termination.

Case No. 23-1312:  In the Interest of I.A. and M.A., Minor Children

Filed Nov 21, 2023

View Opinion No. 23-1312

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

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Clear and convincing evidence supports the grounds for terminating the mother’s parental rights.  The mother failed to preserve error on her challenge to reasonable efforts.  Termination is in the children’s best interests, and the mother has not shown termination will harm the children based on the closeness of the parent-child relationship.  We therefore affirm.

Case No. 23-1456:  In the Interest of K.E., a/k/a K.W.

Filed Nov 21, 2023

View Opinion No. 23-1456

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 pages)

            A mother and father separately appeal the termination of their respective parental rights.  The father challenges one of the statutory grounds authorizing termination, claims termination of his rights is not in the child’s best interests, requests application of a permissive exception to termination, and requests additional time to work toward reunification.  The mother challenges whether termination of her parental rights is in the child’s best interests and requests additional time to work toward reunification.  OPINION HOLDS: Because the father does not challenge three of the statutory grounds relied upon by the juvenile court, we find he waived error and we affirm under the unchallenged grounds.  Termination of both parents’ parental rights is in the child’s best interests.  We decline to apply a permissive exception to preclude termination of the father’s rights.  We decline to grant either parent additional time to work toward reunification.

Case No. 23-1477:  In the Interest of A.V., Minor Child

Filed Nov 21, 2023

View Opinion No. 23-1477

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

A father appeals the termination of his parental rights to his child, arguing the State failed to prove the statutory grounds for termination by clear and convincing evidence.  OPINION HOLDS: We agree with the juvenile court that the child could not be returned to the father’s custody at the time of the termination hearing.  Consequently, we affirm the termination of the father’s parental rights.

Case No. 23-1608:  In the Interest of I.C., Minor Child

Filed Nov 21, 2023

View Opinion No. 23-1608

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Termination of the mother’s parental rights is in the child’s best interests, none of the exceptions to termination should be applied, and it would be contrary to the child’s best interests to give the mother an extension of time.  We affirm the termination of the mother’s parental rights.

Case No. 21-0797:  State of Iowa v. Dayquanwne Dashawn Gates

Filed Nov 08, 2023

View Opinion No. 21-0797

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (8 pages)

            Dayquawne Gates appeals his convictions for first-degree murder and possession of a firearm as a felon.  OPINION HOLDS: We find the district court did not abuse its discretion in denying Gates’s motion for a mistrial.  And we find Gates was not prejudiced by jury instruction on aiding and abetting because there was substantial evidence to support the State’s other theory—that Gates was the person who fired the fatal shots.  We affirm Gates’s convictions.

Case No. 21-1335:  Clifford Bert Smiley v. State of Iowa

Filed Nov 08, 2023

View Opinion No. 21-1335

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            An applicant appeals the denial of his application for postconviction relief.  OPINION HOLDS: After bypassing error-preservation concerns, we affirm and find the applicant failed to prove a reasonable probability he would have demanded a trial.

Case No. 22-0158:  State of Iowa v. Owo Robin Nyal Bol

Filed Nov 08, 2023

View Opinion No. 22-0158

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (17 pages)

            Owo Bol appeals his convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing serious injury.  OPINION HOLDS: Because sufficient evidence exists to support the verdicts, the jury verdicts are not inconsistent, there was no abuse of discretion in refusing to sever Bol’s case, statements made by defendants whose cases were severed from Bol’s were not hearsay, there was no abuse of discretion in admitting evidence about complex criminal investigations, and no juror bias was established, we affirm.

Case No. 22-0199:  State of Iowa v. Abel Gomez Medina

Filed Nov 08, 2023

View Opinion No. 22-0199

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (18 pages)

            Abel Gomez Medina appeals his convictions for second-degree sexual abuse, third-degree sexual abuse, and indecent contact with a child.  OPINION HOLDS: The alleged victim was able to testify via closed circuit television under Iowa Code section 915.38(1)(a) (2021) because testifying in open court would impair her ability to communicate and under 915.38(1)(c) because of necessity.  The summary of comments contained within Gomez Medina’s own evidence during closing argument did not amount to prosecutorial error, and the proposed 911 call logs were irrelevant and therefore inadmissible.  For these reasons, we affirm the convictions.

Case No. 22-0373:  State of Iowa v. Keith Lamont Woods

Filed Nov 08, 2023

View Opinion No. 22-0373

            Appeal from the Iowa District Court for Linn County, Nicholas L. Scott, District Associate Judge.  AFFIRMED. Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (7 pages)

            A defendant asserts that the court abused its discretion by excluding cross-examination of two of the State’s witnesses on a civil action.  The defendant also argues that the jury’s verdict for assault causing bodily injury was against the weight of the evidence.  OPINION HOLDS: We determine Woods’s evidentiary claim was not preserved.  And the district court did not abuse its discretion in denying Woods’s motion for new trial.  Accordingly, we affirm.

Case No. 22-0491:  State of Iowa v. Billy Gene Parker

Filed Nov 08, 2023

View Opinion No. 22-0491

            Appeal from the Iowa District Court for Monona County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (9 pages)

            Billy Gene Parker challenges his convictions for second-degree sexual abuse, arguing the evidence supporting the verdicts was insufficient, the weight of the evidence preponderates against the guilty verdicts, and the district court erred by allowing the State to ask Parker about child protective worker investigations and removal of his children.  OPINION HOLDS: Because we find substantial evidence supporting the verdicts, and Parker did not preserve error on the weight-of-the-evidence or evidentiary claims, we affirm.

Case No. 22-0551:  State of Iowa v. Stephen Devon Phillips

Filed Nov 08, 2023

View Opinion No. 22-0551

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Heard by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Tabor, P.J. (20 pages)

            Stephen Devon Phillips appeals his conviction for first-degree murder, arguing the verdict was not supported by substantial evidence; the trial judge should have recused from his case; his attorney had a conflict of interest; and the court erroneously excluded evidence from the victim’s car and included bad acts evidence.  OPINION HOLDS: We find substantial evidence supports his conviction and the court did not abuse its discretion in the recusal and conflict-of-interest rulings, and any error from the evidentiary rulings was harmless.  We affirm. 

Case No. 22-0948:  State of Iowa v. Adriana Bernice Herrera Paez

Filed Nov 08, 2023

View Opinion No. 22-0948

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

            A defendant appeals her convictions for possession of methamphetamine, possession of drug paraphernalia, and two counts of child endangerment, challenging the sufficiency of the evidence.  OPINION HOLDS: Finding substantial evidence to support the convictions, we affirm. 

Case No. 22-1040:  Brett Samuel Dennis v. State of Iowa

Filed Nov 08, 2023

View Opinion No. 22-1040

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

                Brett Dennis appeals the dismissal of his application for postconviction relief (PCR) and claims the PCR court did not comply with statutory notice requirements.  OPINION HOLDS: Because the PCR court complied with the relevant procedure and there were no additional notice requirements, we find no error in the dismissal of Dennis’s PCR application.

Case No. 22-1075:  State of Iowa v. Nicholas Lee Campie

Filed Nov 08, 2023

View Opinion No. 22-1075

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  REVERSED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

            Nicholas Campie appeals his sentences following convictions for enticing a minor and lascivious acts with a child.  OPINION HOLDS: We conclude the district court abused its discretion by considering improper factors while sentencing Campie.  The court considered matters that were not supported by the evidence.  Campie is entitled to a new sentencing hearing before a different judge.  We reverse Campie’s sentences and remand for a new sentencing hearing.

Case No. 22-1184:  Calabretto Building Group v. Tradesmen International, LLC.

Filed Nov 08, 2023

View Opinion No. 22-1184

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED.  Heard by Tabor, P.J., Greer, Schumacher, Badding, Buller, and Langholz, JJ, and Doyle, S.J.  Opinion by Tabor, P.J.  Special Concurrence by Langholz, J.  (19 pages)

            Calabretto Building Group sought to hold Tradesmen International—a staffing company—liable for the negligent operation of a forklift by an employee it provided to Calabretto under contract.  Tradesmen denied liability, pointing to the terms of its contract with Calabretto.  Calabretto argued those terms were void under Iowa Code section 537A.5 (2020).  Both moved for summary judgment.  The district court granted Tradesmen’s motion.  Calabretto appeals.  OPINION HOLDS: Because we find that Tradesmen could enforce the contract, and it barred Calabretto’s tort claim, we affirm the grant of summary judgment.  SPECIAL CONCURRENCE ASSERTS: I join nearly all of the court’s well-reasoned opinion.  But I would not reach the retroactivity question because it is unnecessary to resolve this appeal and a host of reasons counsel against doing so.  

Case No. 22-1201:  In re Marriage of Bolger

Filed Nov 08, 2023

View Opinion No. 22-1201

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (12 pages)

            Joleen Bolger appeals from the district court’s decree dissolving her marriage to Alan Bolger.  OPINION HOLDS:  Because we find the district court’s division of marital assets and property was equitable and that the district court did not err in excluding Joleen’s expert witness as a sanction for a discovery violation, we affirm.  We decline to award Alan attorney fees.

Case No. 22-1268:  State of Iowa v. Victor Emanuel Hasvold

Filed Nov 08, 2023

View Opinion No. 22-1268

            Appeal from the Iowa District Court for Winneshiek County, Richard D. Stochl, Judge.  AFFIRMED ON CONDITION and remanded WITH DIRECTIONS.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (10 pages)

           

            Victor Hasvold appeals his conviction and sentence for indecent exposure.  OPINION HOLDS: We find that the district court did not err in the supplemental jury instructions and that the verdict is supported by sufficient evidence.  We conditionally affirm Hasvold’s conviction.  But because we determine that the court failed to apply the proper standard to Hasvold’s weight-of-the-evidence claim and that Hasvold did not properly waive his right to be present at sentencing, we remand for a hearing on Hasvold’s motion for a new trial using the proper standard.  In the event the motion for new trial is denied, we remand for resentencing.

Case No. 22-1336:  Shirley Eileen Schmitt v. State of Iowa

Filed Nov 08, 2023

View Opinion No. 22-1336

            Appeal from the Iowa District Court for Sac County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A postconviction applicant appeals pro se from the denial of her application for postconviction relief.  OPINION HOLDS: We affirm, finding no legal error in the district court’s application of the postconviction relief statute of limitations.

Case No. 22-1356:  Bryan Lamarr Mitchell v. State of Iowa

Filed Nov 08, 2023

View Opinion No. 22-1356

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (5 pages)

            Bryan Mitchell appeals the district court decision denying his application for postconviction relief from his conviction for first-degree murder.  OPINION HOLDS: Mitchell has not shown he received ineffective assistance based on defense counsel’s failure to depose a witness before trial.  We affirm the decision of the district court.

Case No. 22-1513:  In re Marriage of Nelson

Filed Nov 08, 2023

View Opinion No. 22-1513

            Appeal from the Iowa District Court for Crawford County, David A. Lester, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (10 pages)

            Former spouses appeal and cross-appeal the financial provisions of their dissolution decree.  One spouse also cross-appeals the district court’s order he pay a portion of the other’s attorney fees.  OPINION HOLDS: We affirm on the appeal and cross-appeal.

Case No. 22-1635:  State of Iowa v. Chad J. Moeller, Jr.

Filed Nov 08, 2023

View Opinion No. 22-1635

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (7 pages)

            Chad Moeller appeals his conviction for second-degree burglary, claiming the evidence is insufficient that he intended to commit an assault.  OPINION HOLDS: Because we find that there was circumstantial evidence of intent to commit an assault through Moeller kicking the door off its hinges while it was locked and deadbolted shut and throwing it into the kitchen, we affirm the conviction.

Case No. 22-1639:  State of Iowa v. Daniel Todd Little

Filed Nov 08, 2023

View Opinion No. 22-1639

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Daniel Little appeals the sentence imposed by the district court after he pled guilty to three counts of second-degree sexual abuse, possession of methamphetamine with intent to deliver, indecent contact with a child, and prohibited person in possession of ammunition.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

Case No. 22-1650:  State of Iowa v. Darius LeJuan Wade

Filed Nov 08, 2023

View Opinion No. 22-1650

            Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            Darius Wade appeals his convictions for possession of a firearm or offensive weapon by a felon as a habitual offender and operating while intoxicated, second offense.  Wade challenges the sufficiency of the evidence supporting the firearm conviction and the sentence imposed by the district court.  OPINION HOLDS: Upon our review, we affirm.

Case No. 22-1651:  Linus F. Voves and Linda K. Voves v. Tyler Hansen and Noelle Hansen

Filed Nov 08, 2023

View Opinion No. 22-1651

            Appeal from the Iowa District Court for Chickasaw County, John Sullivan, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            Linus and Linda Voves appeal the district court’s order denying their petition for quiet title to a parcel of land.  OPINION HOLDS: We reverse and remand because the district court relied and made credibility findings based on an exhibit the parties agree was never admitted.

Case No. 22-1672:  State of Iowa v. Corey Robert Fenton

Filed Nov 08, 2023

View Opinion No. 22-1672

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Corey Fenton appeals his sentences for convictions of possession of a controlled substance, second offense; operating while intoxicated, second offense; and three counts of driving while barred.  OPINION HOLDS: Fenton claims the State breached his plea agreements by failing to advocate for the agreed-upon sentencing recommendations.  We find the State honored the terms of the plea agreement and endorsed the sentencing recommendation that was part of the plea agreement.  We affirm Fenton’s convictions and sentences.

Case No. 22-1689:  State of Iowa v. Nichole Michelle Hoskins

Filed Nov 08, 2023

View Opinion No. 22-1932

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Bower, C.J.  (5 pages)

            Nichole Hoskins appeals her conviction for forgery.  OPINION HOLDS: Viewing the record in the light most favorable to the State, substantial evidence supports Hoskins’ conviction for forgery.  Accordingly, we affirm.

Case No. 22-1737:  State of Iowa v. Wayne Eugene Royer

Filed Nov 08, 2023

View Opinion No. 22-1737

            Appeal from the Iowa District Court for Guthrie County, Virginia Cobb, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (2 pages)

            A defendant appeals his prison sentence for violating sex offender registry requirements.  OPINION HOLDS: Because the district court sentenced the defendant without giving him the chance to allocute, we affirm his conviction but vacate and remand for resentencing.

Case No. 22-1764:  State of Iowa v. David James Roe

Filed Nov 08, 2023

View Opinion No. 22-1764

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

            James Roe challenges his conviction for operating while intoxicated, second offense, arguing that the search warrant for a blood sample was unsupported by probable cause.  OPINION HOLDS: Excluding the evidence that Roe’s passenger had a drug pipe in her pocket, because we find that there was probable cause based on the circumstances of the serious motorcycle crash as well as the statements and observations of eyewitnesses of Roe’s watery eyes and admission to drinking as well as Roe’s previous OWI conviction, we affirm.

Case No. 22-1801:  In re Estate of Johnston

Filed Nov 08, 2023

View Opinion No. 22-1801

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Badding, J.  (13 pages)

                Peggy Johnston appeals an adverse grant of a directed verdict on her claim against her deceased husband’s estate.  OPINION HOLDS: We reverse the court’s directed verdict and remand for completion of the hearing on the claim.

Case No. 22-1915:  In re M.B., Minor Child

Filed Nov 08, 2023

View Opinion No. 22-1915

            Appeal from the Iowa District Court for Emmet County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Tabor, P.J.  (13 pages)

            A father appeals the termination of his parental rights under Iowa Code chapter 600A (2020) and the juvenile court order finding Iowa has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA.)  OPINION HOLDS: Like the juvenile court, we find that Iowa has jurisdiction under the UCCJEA and these proceedings did not violate the father’s constitutional rights.  And because we find that the father financially abandoned the child and that termination of his parental rights is in the child’s best interests, we affirm.

Case No. 22-1932:  State of Iowa v. Jamie Alan Gumm

Filed Nov 08, 2023

View Opinion No. 22-1932

            Appeal from the Iowa District Court for Greene County, Adria Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (4 pages)

            Jamie Gumm appeals his sentences for possession of less than five grams of methamphetamine with intent to deliver and driving while barred.  OPINION HOLDS: Gumm’s sentences are not grossly disproportionate, and the district court did not abuse its discretion. Accordingly, we affirm.

Case No. 22-1978:  Kyle John Roberts v. State of Iowa

Filed Nov 08, 2023

View Opinion No. 22-1978

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Tabor, P.J.  (7 pages)

            An applicant appeals the denial of postconviction relief on his felony stalking charge.  He asserts his trial counsel was ineffective for not objecting and for not offering evidence to support his defense.  OPINION HOLDS: Because the applicant does not carry his burden to show the attorney breached a material duty in defending the stalking charge and finding trial counsel performed with reasonable competence in representing him, we affirm the denial of postconviction relief.

Case No. 22-2024:  Roderick E. Ward, Jr. v. State of Iowa

Filed Nov 08, 2023

View Opinion No. 22-2024

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

            Roderick Ward appeals the district court’s denial of his request for postconviction relief.  He argues he received ineffective assistance of counsel because his trial counsel failed to properly inform him about his decision not to testify.  OPINION HOLDS: We determine Ward has failed to demonstrate a breach of an essential duty by his trial counsel.  Accordingly, we affirm.

Case No. 22-2041:  State of Iowa v. Lonnie Lavoy Richardson

Filed Nov 08, 2023

View Opinion No. 22-2041

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (3 pages)

            Lonnie Richardson appeals his convictions following a guilty plea contending the district court abused its discretion in not allowing him to withdraw his guilty plea and denying his motion in arrest of judgment.  OPINION HOLDS: Richardson does not have a right to a direct appeal.  And because he has been accorded substantial justice, we decline to treat his notice of appeal as an application for discretionary review.  The appeal is dismissed. 

Case No. 22-2105:  State of Iowa v. John Frank Thomasson

Filed Nov 08, 2023

View Opinion No. 22-2105

            Appeal from the Iowa District Court for Des Moines County, Clinton R. Boddicker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (3 pages)

            John Thomasson appeals the prison sentences imposed following his guilty pleas, contending the sentences should have been suspended.  OPINION HOLDS: The district court did not abuse its discretion in imposing terms of incarceration rather than suspending the sentences.

Case No. 23-0007:  In the Interest of L.D., Minor Child

Filed Nov 08, 2023

View Opinion No. 23-0007

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: The mother proved a ground for termination—that the father abandoned the child as defined by Iowa Code section 600A.8(3) (2022)—and termination of his parental rights is in the child’s best interests.

Case No. 23-0133:  Randall Anderson, Jr., and Katie Anderson v. Randall Anderson and Rebecca Anderson

Filed Nov 08, 2023

View Opinion No. 23-0133

            Appeal from the Iowa District Court for Cass County, Amy Zacharias, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (10 pages)

            Randall and Rebecca Anderson appeal the grant of summary judgment in favor of Randall Anderson Jr. and Katie Anderson on their claim of unjust enrichment.  OPINION HOLDS: We reverse and remand to the district court with instructions to conduct further proceedings to address if the Parents have liability under the elements of unjust enrichment, when Randy and Katie first had notice to investigate their right to relief, and the Parents’ affirmative defense of unjust enrichment.

Case No. 23-0323:  Robert Thomas v. Archer Daniels Midland Company

Filed Nov 08, 2023

View Opinion No. 23-0323

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

            Robert Thomas appeals a ruling on judicial review that affirmed the workers’ compensation commissioner’s appeal decision.  OPINION HOLDS: I. Substantial evidence supports the finding that Thomas failed to show his injuries are sequelae of a prior work injury.  II. Under the statute in effect when Thomas sustained the work injury, his employer is entitled to credit for overpayment of temporary disability and healing period benefits against payment of permanent partial disability benefits for the same injury.

Case No. 23-0592:  In re Marriage of Kustes

Filed Nov 08, 2023

View Opinion No. 23-0592

            Appeal from the Iowa District Court for Keokuk County, Myron Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (10 pages)

            Amy Gent appeals the district court decision modifying the physical-care provision of her dissolution decree and placing physical care of her youngest child with her former spouse.  She argues that her former spouse did not establish a substantial change in circumstances, and he failed to prove a superior ability to meet the child’s needs.  OPINION HOLDS: Worsening communication problems, an ongoing failure to support the father’s relationship with the child, and the behavior of Amy’s now-former paramour constitute a substantial and permanent change in circumstances affecting the welfare of the child.  The father showed he is the superior caretaker, and modifying physical care is in the child’s best interest.

Case No. 23-0632:  Jacklynne Jade Herr v. Travis Mitchell See

Filed Nov 08, 2023

View Opinion No. 23-0632

            Appeal from the Iowa District Court for Jasper County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Langholz, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Travis Mitchell See appeals the custody order, contending the adopted parenting schedule and change to the child’s school are not in her best interests.  OPINION HOLDS: Because both decisions are in the child’s best interests, we affirm.

Case No. 23-1163:  In the Interest of T.O., Minor Child

Filed Nov 08, 2023

View Opinion No. 23-1163

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. Special Concurrence by Greer, P.J.  (11 pages)

            A notice of appeal was filed on behalf of the mother by her counsel.  The State moved to dismiss, claiming the court did not have jurisdiction to consider the appeal because the notice of appeal was not signed by the mother.  OPINION HOLDS: The notice of appeal did not meet the requirements found in Iowa Rule of Appellate Procedure 6.102(1)(a) to appeal the termination of parental rights.  Additionally, the mother did not substantially comply with the requirements of the rule.  We determine that we lack jurisdiction to consider the notice of appeal signed only by mother’s counsel and dismiss the appeal.  SPECIAL CONCURRENCE ASSERTS: Because we have no path to do otherwise, I concur in the well-written decision of the majority.  But I write separately to point out our need for guidance on this important issue—the right to appeal when a parent has been found incompetent in another proceeding and cannot meaningfully engage with their attorney in the termination case. 

Case No. 23-1266:  In the Interest of C.C., Jr., Minor Child

Filed Nov 08, 2023

View Opinion No. 23-1266

            Appeal from the Iowa District Court for Mills County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  She challenges the statutory grounds for termination, argues termination is not in the child’s best interests, and asserts the juvenile court should have applied a permissive exception and not terminated her rights.  OPINION HOLDS: We affirm.

Case No. 23-1327:  In the Interest of D.H. and T.B., Minor Children

Filed Nov 08, 2023

View Opinion No. 23-1327

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., and Schumacher and Buller, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother and father separately appeal from the termination of their parental rights to their children.  OPINION HOLDS: On our de novo review, it is clear neither the mother nor the father is able to provide a stable environment for their children, termination is in the best interests of the children, and no permissive exception precludes termination.  We affirm the termination of the mother’s and father’s parental rights.

Case No. 23-1337:  In the Interest of S.H., Minor Child

Filed Nov 08, 2023

View Opinion No. 23-1337

            Appeal from the Iowa District Court for Linn County, Carrie J. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Badding, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            A mother and father separately appeal termination of their parental rights.  OPINION HOLDS: We affirm termination.  The parents have significant, unresolved substance-abuse and mental-health needs, and the teenager also prefers termination of their rights.  Termination of their rights is in her best interests, and a statutory exception cannot be applied to prevent it.  We affirm on both appeals. 

Case No. 23-1381:  In the Interest of A.M.-A. and B.A., Minor Children

Filed Nov 08, 2023

View Opinion No. 23-1381

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Parents of two young girls appeal the termination of their parental rights, arguing the statutory grounds, best interests, and a statutory exception.  OPINION HOLDS: We find the statutory grounds for termination are supported by clear and convincing evidence, it is in the children’s best interests to terminate parental rights, and no statutory exception applies to prevent termination.  We affirm. 

Case No. 23-1396:  In the Interest of J.S., Minor Child

Filed Nov 08, 2023

View Opinion No. 23-1396

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

            A father appeals the termination of his parental rights.  He asserts there is a lack of clear and convincing evidence to support a statutory ground for termination.  He also argues termination is not in the best interests of the child and a permissive exception should preclude termination. OPINION HOLDS: We conclude a statutory ground for termination is supported by clear and convincing evidence, termination is in the best interests of the child, and the application of a permissive exception is not warranted.  As a result, we affirm termination of the father’s parental rights.

Case No. 23-1485:  In the Interest of T.M. and M.C.-M., Minor Children

Filed Nov 08, 2023

View Opinion No. 23-1485

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

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

Case No. 21-1866:  State of Iowa v. Zachariah Couleyon Sidney

Filed Oct 25, 2023

View Opinion No. 21-1866

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (12 pages)

            Zachariah Sidney challenges his convictions on five counts of sexual abuse in the third degree.  OPINION HOLDS: We do not reach the merits of Sidney’s claims about the court declaring a mistrial because Sidney failed to move for a mistrial before the second trial began; we find no error in the challenged jury instruction; and the district court did not abuse its discretion in denying Sidney’s motion for new trial because we, like the district court, find M.S.’s testimony credible.  We affirm.

Case No. 21-1891:  State of Iowa v. Lasondra A. Johnson

Filed Oct 25, 2023

View Opinion No. 21-1891

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  CONVICTION AFFIRMED, AND SENTENCE AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J. (10 pages)

            A jury acquitted Lasondra Johnson of first-degree murder but found her guilty of the lesser-included offense of assault causing a serious injury.  Johnson contends that insufficient evidence supports two of the instructions addressing her justification defense.  She argues that the facts do not support giving either instruction because the evidence did not show she was engaged in an assault when she shot the decedent.  Johnson next challenges the order requiring her to pay $150,000 in victim restitution under Iowa Code section 910.3B(1) (2020).  Finally, Johnson contends the district court abused its discretion in sentencing her to a five-year prison sentence.  OPINION HOLDS: Because a reasonable mind could conclude Johnson was engaged in an assault when she fired her gun, the court did not err in giving challenged instructions.  A jury must find the defendant caused the death of another before the court can impose restitution under section 910.3B.  No such finding was made here, so the restitution award must be vacated.  Because the sentencing court properly exercised its sentencing discretion and did not rely on an improper factor in imposing sentence, we affirm Johnson’s sentence.

Case No. 22-0755:  State of Iowa v. Jaykie Lee Harrington

Filed Oct 25, 2023

View Opinion No. 22-0755

            Appeal from the Iowa District Court for Clay County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Heard by Bower, C.J., Greer, Ahlers, Badding, and Chicchelly, JJ, and Mullins, S.J.  Opinion by Greer, J.  (18 pages)

            Jaykie Harrington challenges his convictions for possession with intent to manufacture or deliver a controlled substance; child endangerment; failure to affix drug tax stamp; possession of a controlled substance, third or subsequent offense; and domestic abuse assault, second offense on prosecutorial-misconduct, right-against-self-incrimination, insufficient-evidence, and hearsay grounds.  OPINION HOLDS: Because we find no prejudice resulting from prosecutorial misconduct, no implication of the right against self-incrimination, substantial evidence supports the jury’s verdicts, and no harm from the admission of the hearsay evidence, we affirm.

Case No. 22-0905:  State of Iowa v. Davon Marcell Oliver

Filed Oct 25, 2023

View Opinion No. 22-0905

       Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

       Defendant appeals his consecutive sentences for robbery in the first degree and burglary in the first degree.  OPINION HOLDS: We conclude the district court considered an improper factor when formulating Oliver’s sentences, specifically parole board practices in relation to Oliver’s mandatory minimum sentence.  We vacate Oliver’s sentences and remand for resentencing.  And because we are remanding for resentencing, we do not address Oliver’s argument related to the imposition of consecutive sentences.

Case No. 22-1041:  State of Iowa v. Brian Francisco Duque

Filed Oct 25, 2023

View Opinion No. 22-1041

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Badding, J. (11 pages)

            Brian Duque appeals his conviction for voluntary manslaughter.  In relation to Duque’s justification defense, because the district court did not instruct the jury on the presumption of a reasonable belief that deadly force is necessary that is included in Iowa Code section 704.2A(1) (2019), he asks for the overruling of case law that commands that unobjected to jury instructions serve as the law of the case for purposes of reviewing the sufficiency of the evidence.  Beyond that, he argues the evidence was insufficient to establish his shooting of the victim was not justified and that he intentionally shot the victim.  OPINION HOLDS: We decline Duque’s invitation to overrule controlling supreme court precedent and find the evidence sufficient to support the conviction. 

Case No. 22-1065:  Thomas Joseph Gent v. Shirley L. Gent

Filed Oct 25, 2023

View Opinion No. 22-1065

            Appeal from the Iowa District Court for Keokuk County, Lucy J. Gamon, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (12 pages)

            Thomas Gent appeals the district court’s adverse grant of summary judgment to Shirley Gent.  OPINION HOLDS: Thomas cannot recover for breach of contract based on an implied term in the option provision because that option provision merged with the deed, and he also cannot recover under his claim for unjust enrichment because there is an express agreement between the parties on that subject matter.  We affirm.

Case No. 22-1079:  State of Iowa v. Zachariah Couleyon Sidney

Filed Oct 25, 2023

View Opinion No. 22-1079

            Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (16 pages)

            Zachariah Sidney appeals his conviction for second-degree sexual abuse on sufficiency-of-the-evidence, prior-bad-acts, and hearsay grounds.  OPINION HOLDS: Because the use of force was part of one continuous series of acts, the evidence of prior sexual abuse was admissible under the special exception for sexual abuse cases, and Sidney failed to preserve error on the hearsay issue, we affirm Sidney’s conviction.

Case No. 22-1260:  State of Iowa v. Hunter Noel Casto

Filed Oct 25, 2023

View Opinion No. 22-1260

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Hunter Casto appeals his sentence following his conviction for second-degree sexual abuse.  He argues the district court was not aware it had the discretion to suspend a special sentence and failed to provide adequate reasoning for imposing the selected sentence.  OPINION HOLDS: The district court had the discretion to suspend the special sentence because Casto was under the age of eighteen at the time of the offense.  The district court did not know it had the ability to suspend the special sentence.  Because the district was unaware of this discretion, resentencing is necessary.  With respect to the remainder of the sentence, the district court relied on boilerplate sentencing statements and failed to provide individualized sentencing rationale, also necessitating resentencing.  We vacate Casto’s sentence and remand for resentencing.

Case No. 22-1274:  Rolenc v. Rolenc/Aqua Palace, Inc. v. Red Oak Diesel Clinic, Inc.

Filed Oct 25, 2023

View Opinion No. 22-1274

            Appeal from the Iowa District Court for Montgomery County, Craig M. Dreismeier, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Bower, C.J.; Schumacher, Ahlers, Chicchelly, Buller, and Langholz, JJ.; and Danilson, S.J.  Opinion by Bower, C.J.  (26 pages)

            Scott Rolenc and Aqua Palace, Inc. appeal the district court’s ruling in these consolidated derivative and replevin actions, claiming Aqua Palace is entitled to immediate possession of Red Oak Diesel Clinic (RODC) inventory, despite a “lack of paperwork” and “lack of a binding contract”; challenging whether personal property, equipment, and tools in the possession of RODC were “a capital contribution” by Scott; and claiming Aqua Palace should be paid for remodeling and construction work performed at RODC.  On cross-appeal, RODC challenges the court’s dismissal of breach-of-fiduciary-duty and fraud claims against Scott and denial of its request for attorney fees. OPINION HOLDS: Upon consideration of the issues raised on appeal and cross-appeal, we affirm the district court’s order.

Case No. 22-1280:  State of Iowa v. Oscar Chavez

Filed Oct 25, 2023

View Opinion No. 22-1280

            Appeal from the Iowa District Court for Story County, Jennifer Miller, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (9 pages)

            Oscar Chavez appeals his conviction for murder in the first degree.  He claims the district court erred by refusing to instruct the jury on voluntary manslaughter as a lesser-included offense and abused its discretion by refusing to admit expert testimony discussing obsessive compulsive disorder.  OPINION HOLDS: Chavez did not establish sufficient evidence to support a factual basis for the serious provocation element of voluntary manslaughter, so the court did not err in refusing to submit a voluntary manslaughter instruction to the jury.  Because the record contained no evidence that Chavez has obsessive compulsive disorder, the court did not abuse its discretion when it refused to admit the expert testimony on the disorder as not relevant and unduly confusing.

Case No. 22-1373:  James Alon Shorter v. State of Iowa

Filed Oct 25, 2023

View Opinion No. 22-1373

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (17 pages)

            James Shorter appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because we find that Shorter failed to establish the prejudice required for a successful claim of ineffective assistance of counsel, we affirm the decision of the postconviction-relief court denying Shorter’s application.

Case No. 22-1481:  In re the Marriage of Cummings

Filed Oct 25, 2023

View Opinion No. 22-1481

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Heard by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (14 pages)

            John Cummings appeals and Laura Cummings cross-appeals the spousal support provision from the decree dissolving their marriage.  OPINION HOLDS: We modify the spousal support award and otherwise affirm the decree, and we decline to award appellate attorney fees.

Case No. 22-1535:  Patrick Miller Webb, Jr. v. State of Iowa

Filed Oct 25, 2023

View Opinion No. 22-1535

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

            Patrick Miller Webb Jr. appeals the summary dismissal of his fourth application for postconviction relief, contending the dismissal violated his due process rights.  OPINION HOLDS: We need not address the constitutional issues Webb raises.  Even under the narrow exception Allison v. State, 914 N.W.2d 866 (Iowa 2018) recognized, it provides him no relief.  We affirm.

Case No. 22-1575:  State of Iowa v. Neil Darrell Clark

Filed Oct 25, 2023

View Opinion No. 22-1575

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

            Neil Clark appeals his sentences after pleading guilty to attempt to commit murder and two counts of willful injury causing serious injury.  OPINION HOLDS: Because the district court did not consider improper factors when sentencing Clark to consecutive sentences, it did not abuse its discretion.  We affirm.

Case No. 22-1598:  In the Interest of C.B. and K.B., Minor Children

Filed Oct 25, 2023

View Opinion No. 22-1598

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (5 pages)

            A father appeals termination of his parental rights.  OPINION HOLDS: The termination of the father’s parental rights and the court’s subsequent denial of his request to vacate were proper.  The grounds for termination were satisfied, and the father consented to termination.  Accordingly, we affirm.

Case No. 22-1730:  In re Estate of Johnson

Filed Oct 25, 2023

View Opinion No. 22-1730

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Ahlers, P.J.  (10 pages)

            Daniel Adams appeals the district court’s ruling that his grandmother had capacity to execute a new will.  OPINION HOLDS: Substantial evidence supports the district court’s finding that the testator had testamentary capacity because she understood the nature and extent of her property, so we affirm.

Case No. 22-1866:  State of Iowa v. Joshua Lorren Johnson

Filed Oct 25, 2023

View Opinion No. 22-1866

            Appeal from the Iowa District Court for Guthrie County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The State argues the district court wrongly suppressed evidence uncovered from a K‑9 drug sniff because the sniff did not prolong the traffic stop.  HOLDING: Because the K‑9 sniff did not prolong the traffic stop, we reverse the district court’s ruling and remand for further proceedings.

Case No. 22-1998:  Heather Lorraine Swanson v. State of Iowa

Filed Oct 25, 2023

View Opinion No. 22-1998

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

            Heather Swanson appeals the district court’s denial of her request for postconviction relief, arguing that her trial counsel was ineffective in failing to meaningfully confront a State’s witness and question Swanson during her testimony about bias of law enforcement.  OPINION HOLDS: We determine that as the record provides overwhelming evidence of Swanson’s guilt, she cannot demonstrate prejudice.  Accordingly, we affirm the dismissal of Swanson’s application for postconviction relief.

Case No. 22-2042:  State of Iowa v. Trina Jae Mazza

Filed Oct 25, 2023

View Opinion No. 22-2042

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (9 pages)

            Trina Mazza appeals the sentence imposed upon her conviction, following a guilty plea, for neglect of a dependent person.  Mazza argues the district court improperly considered unproven allegations in imposing sentence.  OPINION HOLDS: Finding no affirmative showing of an abuse of discretion or defect in the sentencing procedure, we affirm.

Case No. 22-2064:  State of Iowa v. Courtney Edward McMillian

Filed Oct 25, 2023

View Opinion No. 22-2064

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

            Courtney McMillian appeals the sentences imposed following his guilty pleas.  OPINION HOLDS: The district court did not abuse its discretion at sentencing.

Case No. 23-0004:  State of Iowa v. Keatyn Charles Palmateer

Filed Oct 25, 2023

View Opinion No. 23-0004

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Keatyn Palmateer appeals the sentences imposed following his pleas of guilty to felony eluding and person ineligible to carry weapons.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

Case No. 23-0018:  Debra Stuart v. Dickten Masch Plastics, LLC and Employers Preferred Ins. Co.

Filed Oct 25, 2023

View Opinion No. 23-0018

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Debra Stuart appeals from the district court’s ruling on judicial review affirming the workers’ compensation commissioner’s denial of her review-reopening petition.  OPINION HOLDS: The commissioner erred in deciding that Stuart is ineligible for reopening solely because she lost her job in a plant closure.  A worker may be entitled to reopening—even where one cause of the economic change is unrelated to the injury—so long as the continued inability to work is proximately caused by the injury.  We thus reverse and remand for the commissioner to apply the proper legal standard to decide whether Stuart has shown that she is entitled to reopening here.

Case No. 23-0055:  State of Iowa v. Clayton Curtis Brown

Filed Oct 25, 2023

View Opinion No. 23-0055

            Appeal from the Iowa District Court for Boone County, Derek J. Johnson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (13 pages)

            Clayton Brown appeals his convictions for possession of a firearm as a felon; eluding while exceeding the speed limit by twenty-five miles per hour (mph) and participating in a felony (i.e. being a felon in possession of a firearm, which is a class “D” felony); and driving while barred as an habitual offender.  Brown argues (1) the district court should have granted his motion for mistrial after an officer testified in front of the jury that Brown had “convictions on his record”; (2) there is not substantial evidence to support the jury’s finding he was the person driving the car that eluded the officer; and (3) even if there was substantial evidence Brown was the driver during the chase, there was insufficient evidence he knowingly possessed the firearm that was later found tucked underneath the driver’s seat in the car.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion for mistrial and substantial evidence supports the jury’s finding Brown was the driver of the vehicle.  We affirm Brown’s conviction for driving while barred as an habitual offender.  But because there is insufficient evidence Brown knowingly possessed a firearm, we reverse his convictions for felon in possession of a firearm and eluding while exceeding the speed limit by twenty-five miles mph and participating in a felony.  We remand for further proceedings on the lesser-included eluding charges. 

Case No. 23-0144:  Jason Spence v. N & L Parkison Trucking Inc. and Great West Casualty Company

Filed Oct 25, 2023

View Opinion No. 23-0144

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Jason Spence appeals from a district court decision affirming the workers’ compensation commissioner.  OPINION HOLDS: The commissioner was entitled to reject Spence’s testimony as not credible, and the commissioner’s finding that he failed to prove he sustained a work-related injury is supported by substantial evidence.

Case No. 23-0182:  Dee A. Delaney v. Second Injury Fund of Iowa

Filed Oct 25, 2023

View Opinion No. 23-0182

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Dee Delaney appeals the district court’s judicial review ruling upholding the agency’s denial of her claim for Second Injury Fund benefits based on a finding she had not proved a qualifying second injury.  OPINION HOLDS: Because the district court and the agency rulings are based on an erroneous statutory interpretation, we reverse and remand with directions.

Case No. 23-0484:  State of Iowa v. Seth Anthony Hankins

Filed Oct 25, 2023

View Opinion No. 23-0484

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED. Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            A defendant appeals his sentence following his plea of guilty to driving while barred as a habitual offender.  OPINION HOLDS: We determine the district court did not abuse its discretion in sentencing the defendant to a seven-day jail term.

Case No. 23-0651:  State of Iowa v. Jeremy Allen Adams

Filed Oct 25, 2023

View Opinion No. 23-0651

            Appeal from the Iowa District Court for Clinton County, John Telleen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (6 pages)

            Jeremy Allen Adams appeals the sentence imposed following his written plea of guilty to eluding, claiming the court erred in not granting credit for time served in an Illinois jail and making certain announcements at sentencing, which require remand.  He also asserts the court abused its sentencing discretion in imposing a prison term.  OPINION HOLDS: Finding no error of law or abuse of sentencing discretion, we affirm.

Case No. 23-1055:  In the Interest of K.H., Minor Child

Filed Oct 25, 2023

View Opinion No. 23-1055

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (9 pages)

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

Case No. 23-1079:  In the Interest of C.H. and K.H., Minor Children

Filed Oct 25, 2023

View Opinion No. 23-1079

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J. and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: The State proved the grounds for termination under Iowa Code section 232.116(1)(f) (2023).  Because termination is in the children’s best interests and we decline to avoid termination for any of the reasons stated in section 232.116(3), we affirm.

Case No. 23-1196:  In the Interest of I.D., Minor Child

Filed Oct 25, 2023

View Opinion No. 23-1196

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            The mother appeals the modification of the permanency goal from reunification to guardianship in this child-in-need-of-assistance proceeding.  OPINION HOLDS: Considering the mother’s ongoing criminal proceeding, the child’s maturity and growth in her current placement, and the mother’s lack of progress since removal, we agree modifying the permanency goal to guardianship is in the child’s best interests.

Case No. 23-1203:  In the Interest of K.P., Minor Child

Filed Oct 25, 2023

View Opinion No. 23-1203

            Appeal from the Iowa District Court for Mills County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Danilson, S.J.*  Opinion by Buller, J.  (13 pages)

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

Case No. 23-1204:  In the Interest of M.M., Minor Child

Filed Oct 25, 2023

View Opinion No. 23-1204

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (15 pages)

            A father appeals the termination of his parental rights to his child under Iowa Code section 232.116(1)(f) (2023).  He argues the Iowa Department of Health and Human Services did not make reasonable efforts at reunification, challenges the sufficiency of evidence supporting the ground for termination, asserts termination is contrary to the child’s best interest because “there is not sufficient evidence regarding [their] bond,” and argues the juvenile court “erred in finding that an additional period of time would not allow for reunification.”  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

Case No. 23-1271:  In the Interest of A.K. and A.K., Minor Children

Filed Oct 25, 2023

View Opinion No. 23-1271

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            The juvenile court terminated the mother’s parental rights to two of her children under Iowa Code section 232.116(1)(e) and (f) (2023).  The mother challenges the statutory grounds for termination, claims the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the children, and argues the loss of her parental rights is not the in the children’s best interests.  In the alternative, she asks for more time to work toward reunification.  OPINION HOLDS: The mother did not preserve her reasonable-efforts claim.  Because the State proved the ground for termination under section 232.116(1)(f), permanency through adoption is in the children’s best interests, and additional time is not warranted here, we affirm the termination of the mother’s parental rights. 

Case No. 23-1290:  In the Interest of J.T., Minor Child

Filed Oct 25, 2023

View Opinion No. 23-1290

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (10 pages)

            A grandmother appeals a juvenile court order removing her as guardian in a child-in-need-of-assistance proceeding.  OPINION HOLDS: Finding removal of the grandmother was in the child’s best interests and therefore did not amount to an abuse of discretion, we affirm. 

Case No. 23-1307:  In the Interest of M.A. and N.A., Minor Children

Filed Oct 25, 2023

View Opinion No. 23-1307

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            A mother appeals the termination of her parental rights to her children.  She contends termination is not in the children’s best interests.  She also requests an extension of time for resolution of criminal charges against her or establishment of a guardianship as an alternative to termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 23-1309:  In the Interest of L.H., Minor Child

Filed Oct 25, 2023

View Opinion No. 23-1309

            Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the father’s parental rights, termination is in the child’s best interests, and none of the exceptions to termination should be applied.  We affirm the decision of the juvenile court.

Case No. 23-1319:  In the Interest of A.S., D.S., S.S., D.N., and S.N., Minor Children

Filed Oct 25, 2023

View Opinion No. 23-1319

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination, argues termination is not in the children’s best interests, and claims the strength of the parent-child bonds should preclude termination.  OPINION HOLDS: The children could not be safely returned to the mother at the time of the termination hearing, establishing a statutory ground for termination.  Termination serves the children’s best interests, and the parent-child bonds are not so strong to preclude termination.

Case No. 23-1400:  In the Interest of A.S. and N.S., Minor Children

Filed Oct 25, 2023

View Opinion No. 23-1400

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (13 pages)

            The mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: We find that the State has proven the grounds for termination required by Iowa Code section 232.116(1)(d) (2023) because the mother has failed to acknowledge that her children suffered sexual abuse.  Because she was still involved with and married to the perpetrator of this abuse, it was reasonable for the department to limit visitation to semi-supervised and in the community.  We affirm the termination of her parental rights.

Case No. 23-1412:  In the Interest of A.H., Minor Child

Filed Oct 25, 2023

View Opinion No. 23-1412

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

            A mother appeals the termination of her parental rights to her child.  She argues the juvenile court should have granted her additional time to work toward reunification because termination was not in the child’s best interests.  OPINION HOLDS: Because there is no basis to believe all the barriers to reunification would be resolved if the mother was granted additional time, we do not grant the mother any additional time to work toward reunification.  Moreover, termination is in the child’s best interests.

Case No. 21-1202:  State of Iowa v. Cristhian Bahena Rivera

Filed Oct 11, 2023

View Opinion No. 21-1202

            Appeal from the Iowa District Court for Poweshiek County, Joel D. Yates, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J. Buller, J., takes no part. (26 pages)

            Cristhian Bahena Rivera (Bahena) appeals his conviction for first-degree murder.  He claims the district court should have suppressed statements he made to law enforcement.  He also asserts the court should have granted a new trial on the basis of newly discovered evidence and a Brady violation.  OPINION HOLDS: Statements Bahena made to law enforcement before an immigration detainer being put in place occurred when he was not in custody.  Bahena voluntarily waived his Miranda rights, and his statements were voluntary for due process purposes when he made inculpatory statements following the discovery of the victim’s body.  The district court did not abuse its discretion when it denied Bahena’s motions for a new trial.  Accordingly, we affirm Bahena’s conviction for first-degree murder.

Case No. 21-1351:  State of Iowa v. Michael Anthony Landrum

Filed Oct 11, 2023

View Opinion No. 21-1351

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Badding, J.  (10 pages)

            Michael Landrum appeals his convictions for first-degree murder, attempt to commit murder, and willful injury causing serious injury, claiming the district court abused its discretion in excluding a toxicology report that showed one of the victims had methamphetamine, marijuana, and alcohol in his system at the time of his death.  OPINION HOLDS: We affirm, concluding the district court did not abuse its discretion in finding the evidence’s minimal probative value was substantially outweighed by the danger of unfair prejudice. 

Case No. 22-0114:  State of Iowa v. Denise Susanna O'Brien

Filed Oct 11, 2023

View Opinion No. 22-0114

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            Denise O’Brien appeals her two convictions for murder in the first degree, arguing the evidence was insufficient.  OPINION HOLDS: We affirm O’Brien’s convictions as supported by substantial evidence.

Case No. 22-0486:  State of Iowa v. Marvin Oswaldo Escobar Orellana

Filed Oct 11, 2023

View Opinion No. 22-0486

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (13 pages)

            Marvin Oswaldo Esquivel Lopez appeals his convictions for first-degree murder, claiming the district court abused its discretion in (1) overruling his objections to the prosecutor’s argumentative questions when cross-examining him and (2) denying his motion for a new trial on the ground that the verdicts were contrary to the evidence.  OPINION HOLDS: We affirm, finding no abuse of discretion in the district court’s rulings on Lopez’s objections to questions as argumentative or in its denial of his motion for a new trial on weight-of-the-evidence grounds.

Case No. 22-0568:  State of Iowa v. Sean Patrick Huffman

Filed Oct 11, 2023

View Opinion No. 22-0568

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            Sean Patrick Huffman appeals his convictions for sexual abuse in the second degree and sexual abuse in the third degree.  OPINION HOLDS: We find no abuse of the court’s discretion in denying Huffman’s motion to continue and in reopening the record at trial.  We do not address ineffective-assistance-of-counsel issues under the guise of structural error.  We affirm.

Case No. 22-0643:  State of Iowa v. Nibitanga Salvator

Filed Oct 11, 2023

View Opinion No. 22-0643

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Ahlers, P.J. (5 pages)

            Nibitanga Salvator appeals his conviction for second-degree robbery.  He claims the evidence establishing identity is insufficient to support his conviction.  OPINION HOLDS: We cannot independently weigh the evidence as Salvator suggests.  Instead, when reviewing the evidence in the light most favorable to the State, we conclude the State produced sufficient evidence identifying Salvator as one of the robbers.

Case No. 22-0754:  Charles Jonas Hasselmann v. State of Iowa

Filed Oct 11, 2023

View Opinion No. 22-0754

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (3 pages)

            Charles Hasselmann appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: Because a delayed appeal is not available in PCR actions, we dismiss this untimely appeal for lack of jurisdiction.

Case No. 22-0856:  Tidy Site Services LLC v. Skou

Filed Oct 11, 2023

View Opinion No. 22-0856

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  APPEAL DISMISSED IN PART AND AFFIRMED IN PART.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Dennis Skou, Tidy Site Services II, LLC, and Erosiontek II, LLC appeal from the district court order entering judgment on various claims arising from a contract dispute and an award of attorney fees.  OPINION HOLDS: Because the appellants failed to timely appeal the order of judgment and the district court did not abuse its discretion in awarding attorney fees, we dismiss the appeal in part and affirm the attorney fees award.

Case No. 22-0862:  State of Iowa v. Michael Wayne Pass

Filed Oct 11, 2023

View Opinion No. 22-0862

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Ahlers, P.J. (6 pages)

            Michael Pass appeals his conviction for willful injury causing bodily injury.  He challenges the marshaling instruction, the sufficiency of the evidence, and the district court’s response to a jury question.  OPINION HOLDS: Pass failed to preserve error on this challenge to the jury instruction and the court’s response to the jury question.  His conviction is supported by substantial evidence.

Case No. 22-0983:  In re the Marriage of Lisa M. Siefering

Filed Oct 11, 2023

View Opinion No. 22-0983

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A former wife appeals the district court’s decision declining to find her former husband in contempt for “failure to make house related payments” as required by their dissolution decree.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s contempt decision.  Because neither party qualifies for an award of appellate attorney fees, we deny both requests.

Case No. 22-1027:  Randy R. Tjaden v. Larry D. Rasmussen and Connie S. Rasmussen

Filed Oct 11, 2023

View Opinion No. 22-1027

            Appeal from the Iowa District Court for Black Hawk County, Laura Parrish, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (11 pages)

            Larry and Connie Rasmussen appeal the district court’s denial of their claims of breach of contract, breach of warranties, negligent misrepresentation, and consumer fraud in a dispute between homeowners and a contractor.  OPINION HOLDS: The Rasmussens did not prove their claims against Randy Tjaden.  Tjaden is entitled to be paid for the work he performed.  We affirm the decision of the district court.

Case No. 22-1068:  State of Iowa v. Sara Jo Weisbeck

Filed Oct 11, 2023

View Opinion No. 22-1068

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (21 pages)

            Sara Weisbeck appeals her convictions for insurance fraud: false material information; and identity theft over $1500 and under $10,000, both class “D” felonies.  She contends the evidence did not support the verdicts, the court abused its discretion in evidentiary rulings, and the court considered improper factors in its sentencing decision.  OPINION HOLDS: We find substantial evidence supports the convictions.  We also find the court abused its discretion in one evidentiary ruling, but Weisbeck was not prejudiced.  There was no abuse of discretion in any other evidentiary ruling.  Finally, we find the court properly exercised its sentencing discretion.  We find no basis to reverse and affirm the convictions and sentence.

Case No. 22-1106:  State of Iowa v. Olympia Rachelle Cooks

Filed Oct 11, 2023

View Opinion No. 22-1106

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            Olympia Cooks contends the State failed to establish that she had the specific intent to cause serious bodily injury.  OPINION HOLDS: Because substantial evidence supports the jury’s verdict, we affirm.

Case No. 22-1146:  Heyde v. Heyde

Filed Oct 11, 2023

View Opinion No. 22-1146

            Appeal from the Iowa District Court for Franklin County, Chris Foy, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (21 pages)

            Brothers appeal and cross-appeal the judgment entered by the district court on a petition for accounting and payment of amount due concerning an organic farming operation.  OPINION HOLDS: Upon our review, we affirm in part and reverse in part on the appeal and remand with directions.  We affirm on the cross-appeal.

Case No. 22-1192:  Nicole K. Brinkman v. City of Des Moines, Iowa

Filed Oct 11, 2023

View Opinion No. 22-1192

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Tabor, P.J.  (7 pages)

            The City of Des Moines appeals the district court’s denial of its motion to dismiss.  OPINION HOLDS: Because the pleading requirement urged by the city does not apply retroactively to this case, we affirm.

Case No. 22-1207:  Louis Caselli v. Dennis Edward Borchers

Filed Oct 11, 2023

View Opinion No. 22-1207

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            Louis Caselli brought suit against Dennis Borchers, claiming Dennis intentionally inflicted emotional distress on him when Dennis engaged in multiple sex acts with Louis’s wife who is also Dennis’s biological daughter.  A jury found Dennis liable and awarded Louis $701,000 in damages.  On appeal, Dennis argues (1) Louis failed to state a claim that entitled him to relief; (2) as a matter of law, his alleged conduct was not “outrageous,” and there was not substantial evidence he intentionally caused, or recklessly disregarded the likelihood of causing, severe or extreme emotional distress to Louis; (3) the district court should have sustained his objections regarding marital privilege and the testimony of his wife, Teresa; and (4) the court erred when overruling several hearsay objections.  OPINION HOLDS: Because, even viewing the evidence in the light most favorable to Louis, there is not substantial evidence Dennis intentionally caused Louis emotional distress or acted with reckless disregard of the probability of causing Louis emotional distress, the district court should have granted Dennis’s motion for directed verdict.  We reverse the judgment and remand for entry of judgment in Dennis’s favor. 

Case No. 22-1224:  State of Iowa v. Rickie Matrese Perkins

Filed Oct 11, 2023

View Opinion No. 22-1224

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.   AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J. (6 pages)

            Rickie Matese Perkins appeals the district court’s denial of his motion to suppress the results of a traffic stop that led to his arrest for operating while intoxicated.  OPINION HOLDS: Officer Jordan Ehlers had reasonable suspicion and probable cause to initiate a traffic stop, and we affirm the denial of the motion to suppress.

Case No. 22-1254:  In re the Marriage of Cowger

Filed Oct 11, 2023

View Opinion No. 22-1254

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Greer, P.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (16 pages)

            Leslie Cowger appeals a district court ruling modifying the decree dissolving her marriage to Bradley (Brad) Cowger.  She argues the court erred by not modifying Brad’s visitation schedule when it modified the decree to provide her sole legal custody and physical care; in calculating child support; and by not ordering Brad to pay her trial attorney fees and the court costs, including guardian ad litem fees.  Leslie also requests an award of appellate attorney fees.  OPINION HOLDS: We modify the district court’s parenting-time schedule.  We also modify Brad’s child-support obligation to reflect errors assigned by Leslie and removal of Brad’s extraordinary-visitation credit.  We conclude Leslie was entitled to an award of trial attorney fees in the amount of $12,000 and court costs, including guardian ad litem fees, should have been taxed against Brad, so we modify the court’s ruling accordingly and remand to the district court to enter judgment against Brad for these amounts.  Lastly, we find Leslie is entitled to an award of appellate attorney fees, and we remand to the district court to determine a reasonable award.  Costs on appeal are taxed to Brad.

Case No. 22-1259:  State of Iowa v. Vester Matthew Rawlins

Filed Oct 11, 2023

View Opinion No. 22-1259

            Appeal from the Iowa District Court for Polk County, Coleman McAllister and Jeanie Vaudt, Judges.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Badding, J. (20 pages)

            Vester Matthew Rawlins appeals his convictions for simple assault and domestic abuse assault causing bodily injury.  He raises several claims, including that the district court erred in admitting body-cam footage because it contained testimonial statements that violated his right to confrontation.  OPINION HOLDS: We find the body-cam video contained testimonial statements that violated Rawlins’s right to confrontation.  And we conclude that Rawlins’s conviction for simple assault should have merged with his conviction for domestic abuse assault causing bodily injury.  For these reasons, we reverse Rawlins’s convictions, vacate the entry of judgment and sentence on those convictions, and remand for a new trial on the charge of domestic abuse assault causing bodily injury only. 

Case No. 22-1360:  Ned William Reynolds, Jr. v. State of Iowa

Filed Oct 11, 2023

View Opinion No. 22-1360

            Appeal from the Iowa District Court for Monona County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Ahlers, P.J.  (5 pages)

            Ned Reynolds Jr. appeals the denial of his application for postconviction relief, arguing his counsel was ineffective for failing to object to improper statements made by the prosecutor.  OPINION HOLDS: Because the evidence does not support a finding that the improper statements were made, we affirm.

Case No. 22-1507:  State of Iowa v. Jacob Lee Goble

Filed Oct 11, 2023

View Opinion No. 22-1507

            Appeal from the Iowa District Court for Washington County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (3 pages)

            Jacob Goble appeals the sentence imposed by the district court following his guilty plea to possession of a controlled substance, third offense.  Goble argues the district court inappropriately considered parole when formulating his sentence.  OPINION HOLDS: We determine no abuse of discretion and affirm.

Case No. 22-1538:  In re The Marriage of McCaffry

Filed Oct 11, 2023

View Opinion No. 22-1538

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  AFFIRMED AS MODIFIED.  Considered by Chicchelly, P.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (15 pages)

            Tracey McCaffry appeals a district court ruling on Joseph McCaffry’s petition to modify the parties’ dissolution decree and her contempt application.  As to modification, Tracey argues the court erred in modifying Joseph’s spousal support obligation.  As to contempt, she asserts the court erred in not finding Joseph in contempt for nonpayment of child and spousal support.  She also claims the court erred in admitting expert testimony and medical records at trial.  Tracey requests an award of appellate attorney fees.  OPINION HOLDS: We reject Tracey’s evidentiary challenge.  We affirm the district court’s decision to modify spousal support, but we modify the award to $500.00 per month, which shall continue until the first of either party’s death, Tracey’s remarriage, or Tracey’s eligibility to receive a portion of Joseph’s social security benefits.  We affirm the denial of Tracey’s contempt application, and we deny her request for appellate attorney fees.  Costs on appeal are taxed equally between the parties.

Case No. 22-1661:  Kory M. Fuerstenberg v. Leah L. Frette

Filed Oct 11, 2023

View Opinion No. 22-1661

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Mullins, S.J.  Opinion by Tabor, P.J.  (6 pages)

            A mother appeals a district court order declining to modify the joint-physical-care arrangement for her seven-year-old daughter, A.F. On appeal, the mother contends the conflict between her and the father has become so intense that she should be granted physical care of A.F.  OPINION HOLDS: Because we find the mother did not prove a significant change in circumstances since the last modification, we affirm.

Case No. 22-1760:  In re Estate of Thoma

Filed Oct 11, 2023

View Opinion No. 22-1760

            Appeal from the Iowa District Court for Jackson County, Tom Reidel, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            John and Kelly Thoma appeal from the district court’s ruling surrounding their breach-of-contract claim.  OPINION HOLDS: We affirm, finding substantial evidence supports the district court’s finding that John and Kelly failed to fulfill their own obligations under the contract and thus cannot prove breach by the estate.

Case No. 22-1840:  Rodney Lewis Cockhren v. State of Iowa

Filed Oct 11, 2023

View Opinion No. 22-1840

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

                Rodney Cockhren appeals the denial of his application for postconviction relief.  He alleges his trial counsel provided ineffective assistance and claims actual innocence.  OPINION HOLDS: Because his trial counsel was not ineffective and a reasonable fact finder could convict him, we affirm the denial of his application.

Case No. 22-1909:  State of Iowa v. Allyson Marie Niichel

Filed Oct 11, 2023

View Opinion No. 22-1909

            Appeal from the Iowa District Court for Clay County, Andrew J. Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J. (7 pages)

            Allyson Niichel appeals her convictions for operating while intoxicated, first offense, and possession of a controlled substance, methamphetamine.  She challenges the denial of her motion to suppress evidence obtained as a result of the traffic stop.  OPINION HOLDS: Because the traffic stop was lawfully extended in duration and Niichel’s secondary argument is unpreserved, we affirm the trial court’s denial of the suppression motion and her convictions.

Case No. 23-0026:  State of Iowa v. Brandon Pezhin Lamere

Filed Oct 11, 2023

View Opinion No. 23-0026

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge. AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (10 pages)

            Brandon Lamere appeals his conviction for first-degree theft, exercising control alternative, contending the district court abused its discretion in denying his motion for a new trial.  OPINION HOLDS: Finding no manifest abuse of discretion in the district court’s denial of Lamere’s motion for new trial, we affirm.

Case No. 23-0060:  In re the Marriage of Pipes

Filed Oct 11, 2023

View Opinion No. 23-0060

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            Frances Pipes appeals from the decree dissolving her marriage to Roderick Pipes.  She argues that the district court should have awarded her traditional spousal support and the entire $7500 she owes in attorney fees.  OPINION HOLDS: Because of the deference we owe both a district court’s credibility finding and its equitable judgment in deciding whether to award spousal support, we cannot conclude the court acted inequitably in declining to award support.  And the district court did not abuse its discretion in deciding that the parties’ respective abilities to pay did not justify a larger award of attorney fees.

Case No. 23-0145:  In the Interest of Z.T., Minor Child

Filed Oct 11, 2023

View Opinion No. 23-0145

            Appeal from the Iowa District Court for Osceola County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Danilson, S.J.  Opinion by Tabor, P.J.  (9 pages)

            In this private termination, a father appeals the termination of his parental rights to Z.T.  He argues the mother did not offer clear and convincing evidence that he abandoned Z.T. under Iowa Code sections 600A.2(20) and 600A.8(3)(b) (2023).  He also disputes the finding that he failed to support the child financially under section 600A.8(4).  Finally, he argues termination of his rights was not in Z.T.’s best interests.  OPINION HOLDS: Because we independently find Jade met her burden of proof on both abandonment and best interests, we affirm the juvenile court’s termination order.

Case No. 23-0267:  Susan J. Wallin v. Kimberly Hurtig, Sherri Larkin, Kathy Edwards, Jeff Hurtig, Inc., and the Estate of Jane Bjork

Filed Oct 11, 2023

View Opinion No. 23-0267

            Appeal from the Iowa District Court for O’Brien County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (10 pages)

            Susan Wallin appeals the district court’s ruling in this declaratory judgment action claiming the court erred in holding Wallin could not unilaterally terminate any portion of a farm lease.  OPINION HOLDS: Finding no legal error in the district court’s ruling, we affirm.

Case No. 23-0330:  In the Interest of B.O., K.O., and K.O., Minor Children

Filed Oct 11, 2023

View Opinion No. 23-0330

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (8 pages)

            A father appeals the termination of his parental rights to his three children, contending the trial court improperly considered matters after the trial, the mother did not prove the grounds for termination, and termination of his rights is not in the children’s best interests.  OPINION HOLDS: Because the mother has proved a ground for termination and we conclude termination of the father’s parental rights is in the children’s best interests, we affirm and remand to the district court for the limited purpose of allowing it to issue a nunc pro tunc order to correct the clerical error in the written ruling.

Case No. 23-0388:  State of Iowa v. Lucious Lee Jackson

Filed Oct 11, 2023

View Opinion No. 23-0388

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Tabor, P.J.  (4 pages)

            Lucious Jackson appeals his conviction following guilty plea for marijuana possession, second offense.  He contends the sentence was illegal because the district court applied a sentencing enhancement without admission of a prior conviction.  OPINION HOLDS: Jackson admitted having a prior drug possession conviction.  And because he did not move in arrest of judgment to challenge his plea, he cannot show good cause to appeal under Iowa Code section 814.6 (2023).  We lack jurisdiction and dismiss his appeal.

Case No. 23-0486:  In re Guardianship of E.B.

Filed Oct 11, 2023

View Opinion No. 23-0486

            Appeal from the Iowa District Court for Henry County, Jonathan Stensvaag, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (16 pages)

            Guardians of a minor child appeal the order terminating a guardianship established without parental consent.  OPINION HOLDS: Because the reasons for the guardianship no longer exist and the guardians failed their burden of showing the guardianship should not be terminated, we affirm.

Case No. 23-0586:  State of Iowa v. Kyle Dean Schnitzler

Filed Oct 11, 2023

View Opinion No. 23-0586

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chiccchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

                Kyle Dean Schnitzler appeals the sentence imposed by the district court after he pled guilty to possession of a controlled substance, contending the district court abused its discretion by failing to consider certain mitigating factors.  OPINION HOLDS: Because we find no abuse of discretion by the district court, we affirm the sentence.

Case No. 23-0857:  In the Interest of D.F., Minor Child

Filed Oct 11, 2023

View Opinion No. 23-0857

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

                A father appeals the termination of his parental rights, arguing the evidence was insufficient to support the ground for termination, termination is contrary to the child’s best interests, a permissive exception to termination should have been applied, and termination violates his substantive due process rights.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Case No. 23-1195:  In the Interest of R.M., J.M., and M.M., Minor Children

Filed Oct 11, 2023

View Opinion No. 23-1195

            Appeal from the Iowa District Court for Dallas County, Erica Crisp, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (9 pages)

            A father appeals the termination of his parental rights, claiming the State has failed to prove a statutory ground for termination.  The father also argues that termination is not in the best interests of the children, he should be given additional time to work toward reunification, and a permissive exception to termination should be applied.  OPINION HOLDS: Finding a ground for termination is supported by clear and convincing evidence, that termination is in the best interests of the children, the grant of additional time is unwarranted, and the father waived any argument a permissive exception should be applied, we affirm.

Case No. 23-1228:  In the Interest of E.C. and S.H., Minor Children

Filed Oct 11, 2023

View Opinion No. 23-1228

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Buller, J., and Doyle, S.J.*Opinion by Buller, J.  (17 pages)

            A mother appeals the termination of her rights to two children.  The father of S.H. separately appeals the termination of his parental rights.  OPINION HOLDS: On our de novo review, we affirm both appeals. 

Case No. 23-1230:  In the Interest of M.D., Minor Child

Filed Oct 11, 2023

View Opinion No. 23-1230

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Tabor, P.J.  (5 pages)

            The father appeals the termination of his parental rights to his twelve-year-old son.  He contends it was not in the child’s best interests to terminate his rights and the court should have applied an exception to termination given the closeness of their parent-child bond.  Finally, he asks for an additional six months to work toward reunification.  OPINION HOLDS: The father has not shown insight into the special needs of his child, nor an ability to take care of him.  The exception is inapplicable, and an extension is not warranted here.  We affirm. 

Case No. 23-1263:  In the Interest of H.S., Minor Child

Filed Oct 11, 2023

View Opinion No. 23-1263

            Appeal from the Iowa District Court for Dallas County, Erica Crisp, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            A father appeals the termination of his parental rights to his child, claiming the State failed to prove the ground for termination cited by the juvenile court and permissive exceptions militate against termination.  OPINION HOLDS: Upon our review, we affirm the termination of the father’s parental rights.

Case No. 23-1277:  In the Interest of P.A., Minor Child

Filed Oct 11, 2023

View Opinion No. 23-1277

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to a child.  OPINION HOLDS: Considering the mother’s lack of engagement with reunification efforts, there is no basis for finding the need for the child’s removal will be eliminated if termination is delayed for six months. 

Case No. 21-1426:  State of Iowa v. Mark Daniel Mash

Filed Sep 27, 2023

View Opinion No. 21-1426

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Tabor, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (17 pages)

            Mark Mash appeals after a jury found him guilty of first-degree murder and possession of a firearm by a person convicted of domestic violence.  He challenges the jury instructions, the denial of his motion for mistrial, and the admissibility of text message evidence.  He also contends that his first-degree-murder conviction is unsupported by substantial evidence and contrary to the weight of the evidence.  Finally, Mash contends trial counsel’s deficient representation rises to the level of structural error.  In the alternative, he asks us to adopt a plain-error standard to reach the errors his counsel failed to preserve.  OPINION HOLDS: We find no error in the jury instructions.  Mash has not met his burden of showing the district court abused its discretion in denying a mistrial. The text messaging evidence was relevant to whether Mash was justified or acted with malice aforethought and did not unfairly prejudice him.  Viewing the evidence in the light most favorable to the State, we agree that the evidence is enough to convince a rational factfinder of Mash’s guilt beyond a reasonable doubt.  This is not one of the exceptional cases in which the evidence preponderates heavily against the verdict.  Mash fails to show the district court abused its discretion in denying his motion for new trial.  We are prohibited by statute from considering the ineffective-assistance-of-counsel claims on direct appeal.  We cannot overrule precedent that rejects plain-error review.

Case No. 22-0333:  State of Iowa v. Barry Bruce Evans

Filed Sep 27, 2023

View Opinion No. 22-0333

            Appeal from the Iowa District Court for Tama County, Fae E. Hoover, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (10 pages)

            Barry Evans appeals the admission of body camera footage as hearsay not subject to the present sense impression exception.  OPINION HOLDS: Although the statements were hearsay and do not qualify for admission as present sense impressions, they do fit within the excited utterance exception to the rule against hearsay, and, in any event, were cumulative.  Therefore, the district court did not err in admitting them.  We affirm.

Case No. 22-0390:  State of Iowa v. Kari Jean Schwartz

Filed Sep 27, 2023

View Opinion No. 22-0390

            Appeal from the Iowa District Court for Buchanan County, John J. Bauercamper, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (19 pages)

            A jury convicted Kari Schwartz of sexual exploitation by a school employee, by pattern, practice, or scheme.  Schwartz appeals the judgment and sentence, arguing (1) there is insufficient evidence she engaged in a pattern, practice, or scheme to engage in sexual conduct with a student; (2) the district court erred in instructing the jury that hugging constituted sexual conduct; (3) the district court wrongly excluded evidence of the school’s contemporaneous investigation that resulted in an “unfounded” finding; and (4) the district court violated her Sixth and Fourteenth Amendment rights when it applied Iowa Code section 907.3 (2022), which prevented the court from deferring judgment or imposing a suspended sentence, without specific jury findings that she was a mandatory reporter and the student was under eighteen years old at the time of the sexual exploitation.  OPINION HOLDS: Substantial evidence supports the jury’s finding Schwartz engaged in a pattern, practice, or scheme to engage in sexual conduct with A.S.  Although the jury was wrongly instructed that hugging is sexual conduct per se, when taken as a whole, the jury instructions required the jury to make the appropriate findings to determine Schwartz’s guilt.  We do not reach the merits of Schwartz’s claim the district court wrongly excluded evidence of the finding of a 2009 investigation.  And Schwartz’s constitutional rights were not violated when the district court concluded it was prevented from deferring judgment or suspending Schwartz’s sentence.  We affirm.

Case No. 22-0426:  State of Iowa v. Alejandro Antonio Flores

Filed Sep 27, 2023

View Opinion No. 22-0426

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Badding, J.  (10 pages)

            Alejandro Flores appeals his conviction of one crime, challenging the sufficiency of the evidence, and the imposition of consecutive sentences on two counts of going armed with intent and two counts of willful injury causing serious injury.  OPINION HOLDS: We find sufficient evidence to support the challenged conviction and detect no abuse of discretion in the court’s imposition of consecutive sentences.

Case No. 22-0437:  State of Iowa v. Michael James Shivers

Filed Sep 27, 2023

View Opinion No. 22-0437

            Appeal from the Iowa District Court for Webster County, James A. McGlynn and Angela L. Doyle, Judges.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J. (14 pages)

            Michael Shivers appeals his convictions for second-degree murder, challenging the sufficiency of the evidence supporting his convictions and contending the district court abused its discretion in denying his motion for a new trial based on newly-discovered evidence.  OPINION HOLDS: Upon our review, we affirm.

Case No. 22-0558:  State of Iowa v. Brian Wayne Boyd

Filed Sep 27, 2023

View Opinion No. 22-0558

            Appeal from the Iowa District Court for Des Moines County, Mark Kruse, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (9 pages)

            Brian Boyd appeals following his convictions for possession of a controlled substance with the intent to deliver and a drug tax stamp violation.  He requests we overturn supreme court precedent to apply a different standard under the Iowa Constitution than the one used under the federal Constitution to assess claims that a probable cause affidavit included incorrect information.  He challenges the district court’s denial of his request for a hearing in accordance with Franks v. Delaware, 438 U.S. 154, 155–156 (1978).  And he argues the underlying search warrant was not supported by probable cause.  OPINION HOLDS: We cannot overturn supreme court precedent.  Boyd failed to make the preliminary showing necessary to warrant a Franks hearing.  The warrant was supported by probable cause.

Case No. 22-0687:  State of Iowa v. Shane Michael Morris

Filed Sep 27, 2023

View Opinion No. 22-0687

            Appeal from the Iowa District Court for Floyd County, James M. Drew, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (21 pages)

            Shane Michael Morris appeals his convictions for involuntary manslaughter and child endangerment resulting in death, alleging the district court: (1) erred by denying suppression of evidence, (2) abused its discretion in its discretionary ruling, (3) should have excluded the testimony of a State witness, (4) should not have excluded the testimony of a defense witness, and (5) abused its discretion in denying his motion for a judgment of acquittal and new trial.  OPINION HOLDS: Because the district court neither abused its discretion nor erred, substantial evidence supports the guilty verdicts, and the court used the proper standard in its ruling, we affirm Morris’s convictions for involuntary manslaughter and child endangerment resulting in death.

Case No. 22-0798:  Eimers v. Iowa Department of Public Safety

Filed Sep 27, 2023

View Opinion No. 22-0798

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  APPEAL DISMISSED.  Heard by Tabor, P.J., Buller, J., and Potterfield, S.J.* Opinion by Buller, J.  (7 pages)

            A former trooper with the Iowa State Patrol appeals from a district court order dismissing his petition for writ of mandamus.  The petition sought, among other things, to compel the Iowa Department of Public Safety and the Peace Officers’ Retirement, Accident, and Disability System to provide him temporary incapacitation benefits under Iowa Code section 80.6(4) (2021).  OPINION HOLDS:  We dismiss the appeal as moot in light of subsequent developments, including the approval of the former trooper’s accidental-disability retirement and the recredit and payment of sick leave.

Case No. 22-0945:  State of Iowa v. Ryan Scott Devore

Filed Sep 27, 2023

View Opinion No. 22-0945

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            Ryan Devore appeals his conviction for third-degree sexual abuse, claiming his conviction is not supported by sufficient evidence and the district court should have granted him a new trial based on implied juror bias.  OPINION HOLDS: Devore’s conviction is supported by sufficient evidence, and the district court correctly denied his motion for new trial.

Case No. 22-1017:  State of Iowa v. Keyon Christian Roby

Filed Sep 27, 2023

View Opinion No. 22-1017

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Heard by Tabor, P.J., Buller, J., and Potterfield, S.J.  Opinion by Tabor, P.J.  (10 pages)

           

            Keyon Roby appeals his conviction for first-degree murder, arguing the State didn’t prove he acted with malice aforethought, premeditation, and specific intent to kill.  And because premeditated murder was one of the State’s two theories, and the jury delivered a general verdict, he argues his conviction must be reversed.  According to Roby, Iowa Code section 814.28 (2019), which directs us to affirm on any supported theory, is unconstitutional.  OPINION HOLDS: We find substantial evidence to support the murder conviction on the premeditation theory.  Because both theories are supported, we need not address the constitutional claim.  We affirm.

Case No. 22-1042:  State of Iowa v. Steven Charles Fuhlman

Filed Sep 27, 2023

View Opinion No. 22-1042

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Ahlers, P.J.  (8 pages)

            Steven Fuhlman appeals his sentence following a guilty plea.  He argues (1) he received ineffective assistance of counsel, (2) the district court abused its discretion by considering an improper factor in sentencing him, and (3) the district court abused its discretion by failing to adequately explain the reasons for his sentence.  OPINION HOLDS: We do not have jurisdiction to hear Fuhlman’s ineffective-assistance-of-counsel claim, and Fuhlman has failed to meet his burden of showing that the district court considered an improper factor.  But because the district court failed to provide a sufficient statement of reasons supporting Fuhlman’s sentence, we vacate the sentence and remand for resentencing.

Case No. 22-1316:  State of Iowa v. Paul Eran Peterson

Filed Sep 27, 2023

View Opinion No. 22-1316

            Appeal from the Iowa District Court for Webster County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (12 pages)

            The State charged Paul Peterson with seven counts of third-degree sexual abuse and five counts of incest after he admitted to having sexual contact with his daughter.  After a bench trial, the district court found Peterson guilty on all but two counts.  Peterson appeals his conviction for assault with intent to commit sexual abuse and his overall sentence.  OPINION HOLDS: Because the district court properly entered judgment on the lesser- included offense and did not abuse its discretion in sentencing, we affirm.

Case No. 22-1414:  State of Iowa v. Tayvon Lynn Davis

Filed Sep 27, 2023

View Opinion No. 22-1414

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (15 pages)

            Tayvon Davis challenges the sufficiency of the evidence supporting his convictions for murder in the first degree, child endangerment resulting in death, and multiple acts of child endangerment.  OPINION HOLDS: Each of Davis’s convictions is supported by sufficient evidence.

Case No. 22-1415:  State of Iowa v. Johnathon Thomas Wingfield

Filed Sep 27, 2023

View Opinion No. 22-1415

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

            Johnathon Wingfield argues the district court abused its discretion in sentencing him to a prison term following an Alford plea.  OPINION HOLDS: This district court did not abuse its discretion. 

Case No. 22-1686:  Christian Lee Donovan v. Serena Rose Thompson

Filed Sep 27, 2023

View Opinion No. 22-1686

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland (Motions) and DeDra Schroeder (Final Order), Judges. AFFIRMED AND REMANDED WITH DIRECTIONS TO DETERMINE ATTORNEY FEES.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Buller, J.  (9 pages)

            Christian Donovan appeals the district court’s dismissal of his petition to establish paternity, custody, physical care, and visitation relating to the minor child of Serena Thompson.  Both Donovan and Thompson request appellate attorney fees.  OPINION HOLDS: Because we find Donovan lacks standing, we affirm.  We remand for the district court to determine and order Donovan to pay Thompson’s reasonable appellate attorney fees, not to exceed $5000.

Case No. 22-1691:  Austin David Carey v. Iowa Employment Appeal Board

Filed Sep 27, 2023

View Opinion No. 22-1691

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

            A former employee appeals from the dismissal of his petition for judicial review after he failed to serve a required party.  OPINION HOLDS:  We affirm, finding that the failure to serve the employer when petitioning for judicial review deprived the district court of jurisdiction. 

Case No. 22-1706:  IA Pizza, Inc. v. Sherwood

Filed Sep 27, 2023

View Opinion No. 22-1706

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

                Sherwood Holdings, L.L.C. and Robert Sherwood appeal a grant of summary judgment for IA Pizza, Inc.  OPINION HOLDS: Because the district court applied the correct standard for summary judgment, we affirm its grant and the dismissal of the counterclaims.

Case No. 22-1792:  State of Iowa v. Robert Daniel Buel

Filed Sep 27, 2023

View Opinion No. 22-1792

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J. (7 pages)

            Robert Daniel Buel appeals his conviction for going armed with intent, asserting there is insufficient evidence of his intent to shoot and lack of justification to support the conviction.  OPINION HOLDS: There is substantial evidence to support the conviction, and we affirm.

Case No. 22-1811:  State of Iowa v. Juan Jose Mendoza, Jr.

Filed Sep 27, 2023

View Opinion No. 22-1811

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Ahlers, P.J. (10 pages)

            Juan Mendoza Jr. appeals following his conviction for assault causing bodily injury.  He argues the district court should have granted his motion to dismiss because the trial information did not include a verified electronic signature from the prosecuting attorney.  OPINION HOLDS: Mendoza’s motion to dismiss was untimely under the Iowa Rules of Electronic Procedure.  Even if his motion had been timely, the signature was not required to be verified.  And even if Mendoza had filed a timely motion to dismiss and the signature was defective, he suffered no prejudice to warrant dismissal.

Case No. 22-2009:  In re the Marriage of Gilo and Louch

Filed Sep 27, 2023

View Opinion No. 22-2009

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (11 pages)

            Kwot Gilo appeals the dissolution degree awarding physical care of a minor son to Ariat Louch.  OPINION HOLDS: In spite of her lower level of English skills, Ariat’s history as the child’s caretaker as well as his best interests and Kwot’s history of domestic abuse support her retaining physical care of the child, and we affirm.

Case No. 22-2011:  State of Iowa v. Krystynah Nichole Hanson

Filed Sep 27, 2023

View Opinion No. 22-2011

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

            A defendant appeals her sentence for possession with intent to deliver methamphetamine, less than five grams.  OPINION HOLDS: We conclude that the district court did not abuse its discretion in fashioning the sentence and affirm.

Case No. 22-2023:  Prairie View Management Inc. v. Moran

Filed Sep 27, 2023

View Opinion No. 22-2023

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            An injured former employee appeals from the district court’s review of her workers’ compensation claim.  OPINION HOLDS: We affirm, finding the employee was not entitled to temporary total disability benefits past the effective date of her resignation or penalty benefits.

Case No. 22-2092:  State of Iowa v. Kemp Patrick Reynolds

Filed Sep 27, 2023

View Opinion No. 22-2092

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Kemp Patrick Reynolds appeals his two convictions for driving while barred as a habitual offender.  OPINION HOLDS: Because substantial evidence supports his convictions, we affirm.

Case No. 23-0213:  State of Iowa v. Austin Dean Mahana

Filed Sep 27, 2023

View Opinion No. 23-0213

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J. (4 pages)

            Austin Mahana appeals his sentence after pleading guilty to one count of criminal mischief in the first degree and contends the district court abused its discretion by sentencing him to a residential correctional facility.  OPINION HOLDS: Because the district court did not abuse its discretion, we affirm.

Case No. 23-0229:  State of Iowa v. Darrell Lynn Jones

Filed Sep 27, 2023

View Opinion No. 23-0229

            Appeal from the Iowa District Court for Webster County, John R. Flynn, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Badding, J.  (5 pages)

            A defendant appeals the denial of his motion in arrest of judgment.  OPINION HOLDS: Properly treating the notice of appeal as an application for discretionary review, we find the application untimely and dismiss the appeal for lack of jurisdiction.

Case No. 23-0334:  State of Iowa v. Joseph Ricardo Cruz Cordero

Filed Sep 27, 2023

View Opinion No. 23-0334

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

            Joseph Cruz Cordero appeals his sentence for sexual abuse in the third degree.  He argues the court abused its discretion in determining his sentence.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

Case No. 23-0359:  In re the Marriage of Cickavage

Filed Sep 27, 2023

View Opinion No. 23-0359

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  RULING VACATED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (7 pages)

            Jesse Cickavage appeals the district court order confirming the award of appellate attorney fees to Sara Jarvis.  OPINION HOLDS: Because the district court did not have jurisdiction to issue the order, we vacate its ruling.  Our previous decisions still stand.

Case No. 23-0374:  Higdon v. Shafer

Filed Sep 27, 2023

View Opinion No. 23-0374

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J. Opinion by Buller, J.  (10 pages)

            Dawn Marie Shafer appeals from a ruling placing physical care of a child with the father, Kevin William Higdon; ordering visitation provisions; and assessing child support.  Higdon cross-appeals challenging the ruling on joint legal custody.  OPINION HOLDS:  We affirm on appeal and cross-appeal, finding that the district court’s physical care, legal custody, and child-support assessment provisions were justified.

Case No. 23-0597:  In re Marriage of Wedemeyer

Filed Sep 27, 2023

View Opinion No. 23-0597

            Appeal from the Iowa District Court for Guthrie County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

Timothy Wedemeyer appeals the order modifying his divorce decree, which grants physical care and a modified child support award to Alicia Wedemeyer.  OPINION HOLDS: Because we hold that joint physical care is not in the best interests of the children, we affirm the modification of the dissolution decree and the increase in child support.

Case No. 23-0940:  In the Interest of D.O., Minor Child

Filed Sep 27, 2023

View Opinion No. 23-0940

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The mother waived her challenge to the statutory grounds for termination, termination is in the best interests of the child, placing the child in the custody of his other parent does not preclude termination, and the mother waived her reasonable-efforts challenge.

Case No. 23-1093:  In the Interest of A.P., Minor Child

Filed Sep 27, 2023

View Opinion No. 23-1093

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother appeals from the termination of her parental rights to her child.  She contends the State failed to prove the grounds for termination cited by the juvenile court, termination was not in the child’s best interests, and the department failed to provide reasonable efforts.  OPINION HOLDS: Upon our review, we affirm.

Case No. 23-1109:  In re O.L. and A.L., Minor Children

Filed Sep 27, 2023

View Opinion No. 23-1109

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (8 pages)

            The mother and father separately appeal the termination of their respective parental rights to O.L. (born in 2021) and A.L. (born in 2020).  The mother argues the court should have given her an additional six months to work toward reunification and that termination of her rights is not in the children’s best interests.  The father challenges whether (1) the State proved the statutory ground for termination, (2  the loss of his rights is in the children’s best interests, and (3) a permissive factor should have been applied to save the parent-child relationships.  OPINION HOLDS: As for the mother’s appeal, we conclude delaying permanency is not warranted and termination of the mother’s rights is in the children’s best interests.  Regarding the father, the State proved the statutory ground for termination and, because termination is in the children’s best interests, a guardianship with the paternal great-grandmother is not appropriate.  We affirm the termination of each parent’s rights.  

Case No. 23-1116:  In the Interest of K.K., Minor Child

Filed Sep 27, 2023

View Opinion No. 23-1116

            Appeal from the Iowa District Court for Mahaska County, Patrick McAvan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (10 pages)

            The mother appeals the termination of her parental rights, contending the State failed to make reasonable efforts at reunification and it is not in the child’s best interests.  OPINION HOLDS: We affirm.

Case No. 23-1125:  In the Interest of A.W., Minor Child

Filed Sep 27, 2023

View Opinion No. 23-1125

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother and father separately appeal the termination of their respective parental rights.  The mother argues the juvenile court should have applied the higher burden of proof under the Indian Child Welfare Act (ICWA) and challenges two of the three statutory grounds authorizing termination of her rights.  The father challenges the statutory grounds authorizing termination, including reasonable efforts; whether termination is in the child’s best interests; and points to the parent-child bond as a basis to not terminate.  OPINION HOLDS: As to the mother’s claims, ICWA does not apply to this case because the child does not meet the definition of an “Indian child,” and we affirm under the unchallenged statutory ground authorizing termination.  As to the father’s claims, the child could not be safely returned to the father’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  The father waived any reasonable-efforts challenge.  Termination of the father’s rights is in the child’s best interests, and the father did not establish a bond with the child strong enough to preclude termination.  

Case No. 23-1137:  In the Interest of M.D., Minor Child

Filed Sep 27, 2023

View Opinion No. 23-1137

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds, claims the State failed to make reasonable efforts toward reunification, and contends termination is not in the child’s best interests.  OPINION HOLDS: The State established a statutory ground for termination because the child could not be safely returned to the mother’s custody at the time of the termination hearing.  The mother waived her reasonable-efforts claim, and termination is in the child’s best interests.

Case No. 23-1164:  In the Interest of M.H., S.H., and H.H., Minor Children

Filed Sep 27, 2023

View Opinion No. 23-1164

            Appeal from the Iowa District Court for Union County, Monty W. Franklin, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (14 pages)

            The mother appeals the termination of parental rights to her three children; the father appeals the termination of parental rights to his child.  OPINION HOLDS: Finding any argument on the statutory grounds for termination was waived, it is not in the best interests of the children to return them to the parents’ custody, and the requirements for a six-month extension, guardianship, or the permissive exception are not met, we affirm the juvenile court’s termination of the mother’s rights as to all three children and the father’s rights as to his child.

Case No. 23-1198:  In the Interest of L.H., Minor Child

Filed Sep 27, 2023

View Opinion No. 23-1198

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Tabor, P.J.  (7 pages)

            The father of six-year-old L.H. appeals the termination of his parental rights, contending the State did not prove any “real safety issues” that prevented him from assuming custody of his daughter.  He also argues that termination is not in L.H.’s best interests.  OPINION HOLDS: Finding that the State offered clear and convincing evidence that L.H. could not be safely returned to her father’s care and that L.H.’s placement with her foster mother is the best for her emotional and physical needs, we affirm the juvenile court’s order terminating the father’s parental rights.

Case No. 23-1270:  In the Interest of D.W., Minor Child

Filed Sep 27, 2023

View Opinion No. 23-1270

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

            A mother appeals the termination of her parental rights to her child, arguing the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the child, the statutory grounds for termination were not proved, the loss of her rights is not in the child’s best interests, and the court should have declined to terminate her parental rights because of the closeness of the bond she shares with D.W.  Alternatively, the mother asks for a six-month extension to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 21-1182:  State of Iowa v. Paul Lee Cruz

Filed Sep 13, 2023

View Opinion No. 21-1182

            Appeal from the Iowa District Court for Scott County, Christine Dalton and Cheryl Traum, District Associate Judges. AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Buller, J., takes no part. Opinion by Bower, C.J.  Dissent by Tabor, J.  (11 pages)

            Paul Lee Cruz appeals his conviction for domestic abuse assault causing injury or mental illness, first offense, in violation of Iowa Code section 708.2A(2)(b) (2021).  Cruz asserts the district court erred in finding good cause to delay the trial past the speedy trial limit.  He also claims there is insufficient evidence to sustain the conviction.  OPINION HOLDS: Finding no abuse of discretion and that substantial evidence supports the conviction, we affirm.  DISSENT ASSERTS: I respectfully dissent from the majority as the State did not show good cause for the delay of Cruz’s bench trial. I disagree that the State can use a waiver as an excuse for not bringing Cruz to trial before a speedy deadline because the prosecutor consented to the jury waiver under Iowa Rule of Criminal Procedure 2.17(1).

Case No. 21-1402:  State of Iowa v. Caine William Dominguez-Schiesl

Filed Sep 13, 2023

View Opinion No. 21-1402

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie and Jeanie Vaudt, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (23 pages)

            Caine Dominguez-Schiesl appeals his convictions and sentence for two counts of attempted murder, intimidation with a dangerous weapon, and willful injury.  On appeal, he claims the district court abused its discretion in admitting video evidence and denying his motion for mistrial.  He also asserts the State provided insufficient evidence to support his four convictions.  And he argues his sentence violates constitutional prohibitions against cruel and unusual punishment.  OPINION HOLDS:  Because we find the district court acted reasonably and there is substantial evidence in the record to support Dominguez’s guilt, we affirm his conviction.  And after considering the mitigating and aggravating features of his case, we find his sentence constitutional and affirm.

Case No. 21-1776:  State of Iowa v. Mustafa F. Muhammad

Filed Sep 13, 2023

View Opinion No. 21-1776

            Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge.  AFFIRMED. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (17 pages)

            Mustafa Muhammad appeals his conviction for first degree murder, contending there is insufficient evidence of deliberation, premeditation, and lack of justification.  OPINION HOLDS:  Because there is substantial evidence from which the jury could reasonably find Muhammad acted deliberately, with premeditation, and without justification, we affirm.

Case No. 21-1783:  State of Iowa v. Stephen Devon Phillips

Filed Sep 13, 2023

View Opinion No. 21-1783

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (7 pages)

            After a jury convicted Stephen Phillips of robbery in the first degree, a judge sentenced him to serve no more than twenty-five but at least seventeen and one-half years in prison.  Phillips appeals his sentence arguing (1) the State did not present sufficient evidence of his guilt and (2) the court abused its discretion by imposing the harshest mandatory minimum sentence allowed.  OPINION HOLDS: Finding substantial evidence of his guilt and no abuse of discretion in sentencing, we affirm.

Case No. 22-0255:  State of Iowa v. Dewayne Michael Veverka

Filed Sep 13, 2023

View Opinion No. 22-0255

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Buller, J., takes no part.  Opinion by Vogel, S.J.  (12 pages)

            Dewayne Veverka appeals his conviction of third-degree sexual abuse, second offense.  He challenges the district court’s admission of a forensic interview and the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: The forensic video was admissible under the residual exception to hearsay, and the video and testimony are sufficient evidence to support Veverka’s conviction.

Case No. 22-0657:  In re The Marriage of McCreedy

Filed Sep 13, 2023

View Opinion No. 22-0657

            Appeal from the Iowa District Court for Jefferson County, Shawn Showers, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (14 pages)

                Parties appeal and cross-appeal the economic provisions of the decree dissolving their marriage.  OPINION HOLDS: We modify the decree to remove the district court’s separate valuation of land upon which the marital home sits and order the husband to pay the wife the resulting equalization payment through a qualified domestic relations order from his retirement funds. 

Case No. 22-0915:  State of Iowa v. Kelvin Devell Willform

Filed Sep 13, 2023

View Opinion No. 22-0915

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

            Kelvin Willform appeals his conviction for operating while intoxicated, first offense.  OPINION HOLDS: Willform’s claim of ineffective assistance of counsel cannot be addressed in a direct appeal, and we determine no abuse of discretion by the district court in the denial of his request for new counsel.  Accordingly, we affirm.

Case No. 22-0961:  Jerome Power v. State of Iowa

Filed Sep 13, 2023

View Opinion No. 22-0961

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Jerome Power appeals the denial of his application for postconviction relief (PCR) following his conviction for first-degree murder.  Power contends his trial counsel was ineffective in failing to “investigate and present a defense based on the medical condition of his right hand,” and PCR counsel was ineffective in failing to advance his claim against trial counsel.  OPINION HOLDS: Upon our review, we affirm.   

Case No. 22-0980:  Robin Lynn Inman v. State of Iowa

Filed Sep 13, 2023

View Opinion No. 22-0980

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt and David Nelmark, Judges.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Bower, C.J.  (9 pages)

            Robin Inman appeals the district court’s denial of her application for funds for an expert witness and the denial of her application for postconviction relief.  OPINION HOLDS: We affirm both of the district court’s orders.

Case No. 22-1067:  State of Iowa v. Benjamin Larry Earnest Kutzner

Filed Sep 13, 2023

View Opinion No. 22-1067

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (2 pages)

            Benjamin Kutzner appeals the sentence imposed in his criminal case.  He argues the district court abused its discretion by sentencing him to prison rather than suspending the sentence.  OPINION HOLDS: The district court properly exercised its discretion in sentencing Kutzner to prison.

Case No. 22-1270:  Harold Andrew Lathrop v. State of Iowa

Filed Sep 13, 2023

View Opinion No. 22-1270

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

            Harold Lathrop appeals the dismissal of his application for postconviction relief, asserting that the Iowa Department of Corrections should have given him credit for time served for each separate charge in determining his tentative discharge date.  OPINION HOLDS: Finding no error in the PCR court’s findings of fact or application of the law, we affirm.

Case No. 22-1498:  State of Iowa v. Dakota Neil Bishop

Filed Sep 13, 2023

View Opinion No. 22-1498

            Certiorari to the Iowa District Court for Polk County, Coleman McAllister, Judge.  WRIT SUSTAINED AND REMANDED WITH DIRECTIONS TO CONDUCT A RESENTENCING HEARING.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (5 pages)

            Dakota Bishop petitions for writ of certiorari following his resentencing.  OPINION HOLDS: Finding that Bishop was entitled to an in-person hearing, we sustain the writ and remand with directions to conduct a resentencing hearing.

Case No. 22-1606:  In re Detention of Robinson

Filed Sep 13, 2023

View Opinion No. 22-1606

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (8 pages).

            Respondent appeals his civil commitment finding that he is a sexually violent predator.  OPINION HOLDS: We conclude there was sufficient evidence for a rational trier of fact to find respondent is a sexually violent predator under Iowa Code chapter 229A (2022).

Case No. 22-1619:  Emilio Puente v. Civil Service Commission of Iowa City

Filed Sep 13, 2023

View Opinion No. 22-1619

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (11 pages)

            Emilio Puente appeals the district court’s grant of a pre-answer motion to dismiss his petition for judicial review challenging a decision of the Civil Service Commission of Iowa City.   He argues the district court erred in granting dismissal on the basis that he failed to file and serve a notice of appeal as required by Iowa Code section 400.27 (2022).  OPINION HOLDS: Because a petition for judicial review under Iowa Code chapter 17A is not the same as a notice of appeal under section 400.27, nor can it be construed as such, we affirm the district court’s ruling granting the commission’s motion to dismiss for lack of jurisdiction.

Case No. 22-1713:  State of Iowa v. Dennis Earl Estabrook, Jr.

Filed Sep 13, 2023

View Opinion No. 22-1713

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (5 pages)

            A defendant appeals the portion of his sentence relating to his reasonable ability to pay category “B” restitution, arguing that the district court’s determination that he had the ability to pay this restitution lacked evidentiary support or that the district court misapplied the law.  OPINION HOLDS: We conclude that the defendant failed to rebut the statutory presumption that he had the reasonable ability to make restitution payments for category “B” restitution.  Accordingly, we affirm.

Case No. 22-2013:  Nathaniel Yancey Jr. v. Iowa Board of Parole

Filed Sep 13, 2023

View Opinion No. 22-2013

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

            The appellant appeals the district court’s dismissal of his application for judicial review and affirmation of the Iowa Board of Parole’s denial of his parole.  OPINION HOLDS: Because the parole board’s decision to deny Yancey parole was not unreasonable, arbitrary, capricious, or an abuse of its discretion and Yancey’s separation-of-powers claim was not properly preserved for our review, we affirm the decision of the district court.

Case No. 23-0954:  In the Interest of K.B.-S. and J.B., Minor Children

Filed Sep 13, 2023

View Opinion No. 23-0954

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  REVERSED.  Considered by Badding, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  Dissent by Buller, J.  (14 pages)

            The mother appeals the termination of her parental rights to two of her children, K.B.-S. (born in 2016) and J.B. (born in 2019).  She argues the State failed to prove the statutory grounds for termination and the loss of her rights is not in the children’s best interests due to the parent-child bonds.  In the alternative, she requests more time to work toward reunification.  OPINION HOLDS: At the conclusion of the termination trial, the mother had not tested positive for cocaine or methamphetamine in more than six months and her mental health was stable for more than a year.  We reverse the termination of the mother’s parental rights and grant her six more months to work toward reunification.  DISSENT ASSERTS: In granting the mother additional time, I believe the majority opinion decides an issue that was not presented, litigated, or preserved. 

Case No. 23-0976:  In the Interest of C.C., J.C., and D.C., Minor Children

Filed Sep 13, 2023

View Opinion No. 23-0976

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            Parents separately appeal the termination of their parental rights to three children under Iowa Code section 232.116(1)(e), (f), (h), and (l) (2023).  They each claim (1) the juvenile court abused its discretion by not continuing the termination hearing, (2) the evidence did not support the grounds for termination, (3) termination is not in the children’s best interests, and (4) permissive exceptions to termination should have been applied.  The father also submits the juvenile court should have established a guardianship in the paternal grandmother.  OPINION HOLDS: We affirm the termination of both parents’ rights.

Case No. 23-1018:  In the Interest of J.M., L.M., R.M., and M.M., Minor Children

Filed Sep 13, 2023

View Opinion No. 23-1018

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

            The mother and father of four boys separately appeal the termination of their parental rights under Iowa Code section 232.116(1) (2023), paragraphs (e) and (f).  The mother claims the State did not make reasonable efforts to reunify her with the children, and the father claims he maintained significant contact to the extent he was able.  Both parents assert that it was not in the children’s best interest to terminate their parental rights and ask the court to consider their bond with the children as an exception under Iowa Code section 232.116(3)(c).  OPINION HOLDS: Because we find the State’s grounds for termination were met and no exception is warranted, we affirm the termination of both the parents’ rights.

Case No. 23-1083:  In the Interest of J.F. and J.F., Minor Children

Filed Sep 13, 2023

View Opinion No. 23-1083

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

            A father and mother separately appeal the order terminating their parental rights.  OPINION HOLDS: The father did not preserve his reasonable-efforts claim.  But even if we were to consider his claim, he has not shown the State failed to engage in reasonable efforts to reunite him with the children.  There is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination of her parental rights is in the children’s best interests, and an exception to termination should not be applied.  We affirm the decision of the district court on both appeals.

Case No. 23-1130:  In the Interest of N.S., Minor Child

Filed Sep 13, 2023

View Opinion No. 23-1130

            Appeal from the Iowa District Court for Cedar County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the dispositional order transferring custody of her child to the Iowa Department of Health and Human Services.  OPINION HOLDS: The mother has neglected and failed to supervise the child such that transfer of custody is authorized and in the child’s best interests.

Case No. 21-1243:  State of Iowa v. Perry Delynn Knapp Sr.

Filed Aug 30, 2023

View Opinion No. 21-1243

            Appeal from the Iowa District Court for Jones County, Jason D. Besler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (23 pages)

            Perry Knapp Sr. appeals his convictions for four counts of sexual abuse in the second degree, two counts of lascivious acts with a child, one count of incest, one count of child endangerment, and four counts of sexual exploitation of a minor.  He contends (1) the trial court abused its discretion in denying his motion to sever trial on the sexual-exploitation-of-a-minor counts, (2) in light of his stipulations as to their contents, the trial court abused its discretion in allowing the jury to see thumbnail images of child pornography found on his electronic devices, (3) the trial court erred in denying his motion to suppress the first search warrant, and (4) there is insufficient evidence of knowing possession to sustain the sexual-exploitation-of-a-minor convictions.  OPINION HOLDS: We find no abuse of discretion in the denial of the motion to sever or in the court’s evidentiary ruling and there was probable cause for the search warrant, and substantial evidence supports the sexual-exploitation-of-minors convictions.  We affirm.

Case No. 21-1319:  State of Iowa v. David Dwight Jackson

Filed Aug 30, 2023

View Opinion No. 21-1319

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie and David M. Porter, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (19 pages)

            David Jackson appeals evidentiary rulings regarding his toxicology report and testimony about privileged medical records, as well as the denial of his motion for a new trial.  OPINION HOLDS: The district court correctly allowed the results of Jackson’s toxicology report into evidence.  And because Peterson’s testimony about Jackson’s medical records was not prohibited by Iowa Code section 622.10 (2022) once Jackson opened the door and was admissible as an exception to the rule against hearsay, we affirm the district court’s admission of both. 

Case No. 21-1880:  Elvin Marquette Farris v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 21-1880

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (3 pages)

            Elvin Farris appeals the summary disposition of his postconviction challenge to a traffic violation.  OPINION HOLDS: Because the district court considered all issues raised by Farris and we approve of the court’s analysis, we affirm by memorandum opinion.

Case No. 22-0066:  State of Iowa v. John Anthony Rapenske

Filed Aug 30, 2023

View Opinion No. 22-0066

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Ahlers, P.J.  (9 pages)

            John Rapenske appeals his conviction for operating while intoxicated, second offense, challenging the denial of his motion to suppress.  Rapenske claims all evidence from a traffic stop should have been suppressed because the stop violated his Fourth Amendment right against unreasonable seizure.  OPINION HOLDS: Although the investigating officer acted on second-hand information from a 911 caller who relayed information supplied by his wife who was following Rapenske, the officer had reasonable suspicion to stop Rapenske in this instance.  So Rapenske’s Fourth Amendment rights were not violated, and the district court correctly denied the motion to suppress.

Case No. 22-0192:  State of Iowa v. Chad Reese Bennett

Filed Aug 30, 2023

View Opinion No. 22-0192

            Appeal from the Iowa District Court for Marion County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Mullins, S.J.  Opinion by Ahlers, P.J.  (13 pages)

            Chad Bennett challenges the sufficiency of the evidence supporting his convictions for stalking, conspiracy to commit stalking, tampering with a witness, and conspiracy to commit tampering with a witness.  He also claims the presiding judge should have recused herself.  OPINION HOLDS: Bennett’s convictions are supported by sufficient evidence.  The presiding judge did not abuse her discretion by denying Bennett’s motion for recusal.

Case No. 22-0349:  State of Iowa v. Mohamed Wallace

Filed Aug 30, 2023

View Opinion No. 22-0349

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

            A defendant appeals his five-year prison sentence, claiming that the district court abused its sentencing discretion.  OPINION HOLDS: Because we find the district court appropriately weighed the applicable sentencing factors, we affirm.

Case No. 22-0386:  Jason Leroy Huddleston v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-0386

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (9 pages)

            Jason Huddleston appeals the denial of his application for postconviction relief, contending the district court should have ordered that his now discharged sentence should be recalculated by the Iowa Department of Corrections or, alternatively, he is entitled to relief because his “guilty plea was premised on a false impression of the prospective sentence rendering it involuntary and unknowing” and his criminal attorney was ineffective in relation to his plea.  OPINION HOLDS: Finding Huddleston is not entitled to any relief on appeal, we affirm.

Case No. 22-0396:  State of Iowa v. Jack Harold Smith Jr.

Filed Aug 30, 2023

View Opinion No. 22-0396

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

            Jack Harold Smith Jr. appeals the denial of his motion to suppress evidence obtained from a traffic stop.  OPINION HOLDS: Because Officer Koedam observed a traffic violation, he had probable cause to stop Smith.  Smith’s constitutional rights to be free from an unreasonable seizure and search were not violated. 

Case No. 22-0407:  Michael Stephen Lehman v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-0407

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Michael Lehman appeals the denial of his application for postconviction relief.  He claims his plea counsel was ineffective for failing to request a competency hearing.  OPINION HOLDS: Lehman failed to prove that his plea counsel breached an essential duty because counsel had no reason to seek a competency evaluation.  Further, Lehman failed to prove prejudice by failing to prove that a competency evaluation would have likely found him incompetent.

Case No. 22-0418:  Tiamo Leroy Blackcloud v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-0418

            Appeal from the Iowa District Court for Linn County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (9 pages)

            Tiamo Blackcloud appeals the dismissal of his PCR application as untimely.  OPINION HOLDS: Because the application was filed six years after conviction and fails to raise a ground of fact that could not have been raised during the three-year statute of limitations period, we affirm the PCR court’s dismissal.

Case No. 22-0522:  State of Iowa v. Derek Michael White

Filed Aug 30, 2023

View Opinion No. 22-0522

            Appeal from the Iowa District Court for Osceola County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J. (22 pages)

            Derek White appeals his convictions for neglect of a dependent person and two counts of child endangerment.  He seeks reversal based on five issues: (1) closed-circuit testimony by two child witnesses violated his right to confrontation under the Iowa Constitution; (2) the State did not prove that he caused the child’s injuries or had custody when they were inflicted; (3) the district court erred by denying his request for a jury instruction approved in civil cases; (4) the court abused its discretion by not clarifying the marshalling instructions in response to a jury question; and (5) the court erred in finding he had the reasonable ability to pay over $10,000 in category “B” restitution.  OPINION HOLDS: Finding no constitutional violation, substantial evidence to support the verdicts, and proper instructions for the jury, we affirm his convictions.  We also uphold the restitution order. 

Case No. 22-0530:  State of Iowa v. James Peter Rethwisch

Filed Aug 30, 2023

View Opinion No. 22-0530

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  JUDGMENT AND SENTENCE CONDITIONALLY AFFIRMED; RULING ON NEW TRIAL MOTION VACATED IN PART AND REMANDED.  Considered en banc.  Opinion by Ahlers, J.  Special Concurrence by Tabor, J.  (23 pages)

            James Rethwisch appeals his conviction for assault with intent to commit sexual abuse.  He (1) challenges the sufficiency of the evidence, (2) claims the jury improperly considered the State’s closing argument, (3) claims the district court applied the wrong standard when ruling on his motion for new trial based on the weight of the evidence, (4) argues the district court improperly submitted the case to the jury on a Friday afternoon, and (5) argues the court should have granted his motion for new trial based on newly discovered evidence.  OPINION HOLDS: Rethwisch’s claims regarding closing arguments and the timing of submission of the case to the jury are not preserved for our review.  His conviction is supported by substantial evidence.  The district court did not abuse its discretion when denying the motion for new trial based on newly discovered evidence.  As to Rethwisch’s claim that the district court applied the wrong standard when considering his motion for new trial based on the weight the evidence, he failed to alert the court the he believed the court applied the incorrect standard.  However, because our past case law could have led defense counsel to believe nothing more was required to preserve error than what counsel did here, we treat Rethwisch’s claim as preserved.  The district court did apply the incorrect standard when ruling on his motion for new trial based on the weight of the evidence.  We conditionally affirm and remand to the district court for application of the correct weight-of-the-evidence standard.  SPECIAL CONCURRENCE ASSERTS: I concur with the opinion in all respects except its discussion of error-preservation requirements on claims the district court applied the incorrect standard when ruling on a motion for new trial based on the weight of the evidence.  However, I agree we should treat Rethwisch’s claim as preserved and agree the district court applied the incorrect standard.

Case No. 22-0556:  Andrew Rudolf Wulf v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-0556

            Appeal from the Iowa District Court for Davis County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

            Andrew Wulf appeals the denial of his application for postconviction relief.  He claims he received ineffective assistance from his trial counsel in several respects.  OPINION HOLDS: Wulf failed to establish any ineffective-assistance claim that would entitle him to postconviction relief.

Case No. 22-0569:  State of Iowa v. Joseph Allen Vanderflught

Filed Aug 30, 2023

View Opinion No. 22-0569

            Appeal from the Iowa District Court for Decatur County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Joseph Vanderflught appeals two convictions for attempt to commit murder.  OPINION HOLDS: We cannot consider claims of ineffective assistance of counsel on direct appeal.  We find no abuse of discretion in the district court’s ruling admitting text messages into evidence and in allowing the lead detective to sit at counsel table during voir dire.  Substantial evidence supports the finding that Vanderflught was not justified in shooting at the occupants of a passing vehicle.  Finding no merit in any of individual claim of error, there is no basis for reversing Vanderflught’s convictions for cumulative error. 

Case No. 22-0718:  State of Iowa v. Nicholas Jay Ertl

Filed Aug 30, 2023

View Opinion No. 22-0718

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            Nicholas Ertl appeals the sentence imposed following a guilty plea to possession of marijuana, second offense, after waiving his rights to be present the sentencing hearing, to the time before sentencing, and to file a motion in arrest of judgment.  OPINION HOLDS: Because our decision would have no practical effect upon Ertl’s sentence, we dismiss this appeal as moot.

Case No. 22-0777:  Terri Tawaunda Madong v. Oscar Tumushabe Madong

Filed Aug 30, 2023

View Opinion No. 22-0777

            Appeal from the Iowa District Court for Cerro Gordo County, Dedra Schroeder, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Oscar Madong appeals a final domestic abuse protective order issued under Iowa Code section 236.5 (2022), challenging the finding that he engaged in domestic abuse against Terri Madong, his estranged wife.  OPINION HOLDS: Because a preponderance of the evidence shows Oscar intended to place Terri in fear of immediate physical contact that would be painful or injurious, we affirm.

Case No. 22-0782:  Kendon Hauge Schwebke v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-0782

            Appeal from the Iowa District Court for Hardin County, Bethany Currie, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Mullins, S.J.  Opinion by Badding, J.  (9 pages)

            Kendon Schwebke appeals the summary disposition of his second application for postconviction relief as time-barred. OPINION HOLDS: We affirm, finding no genuine issue of material fact that Schwebke failed to file his application within three years from when he discovered the alleged new ground of fact.

Case No. 22-0792:  State of Iowa v. Aaron Dion Michael Hanson Gales, Jr.

Filed Aug 30, 2023

View Opinion No. 22-0792

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

The defendant challenges his sentence, arguing the district court failed to justify its decision to impose consecutive terms of imprisonment.  OPINION HOLDS: Affirmed without further opinion.

Case No. 22-0914:  Antonio Sabre Dantzler v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-0914

            Appeal from the Iowa District Court for Black Hawk County, Kellyann Lekar, Judge.  AFFIRMED.  Considered by Greer, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            Antonio Dantzler appeals the denial of his third application for postconviction relief.  OPINION HOLDS: We affirm, finding Dantzler has not carried his burden of proving actual innocence.

Case No. 22-0925:  Ryan Companies US, Inc. v. FDP WTC, LLC

Filed Aug 30, 2023

View Opinion No. 22-0925

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            FDP WTC, LLC challenges the district court’s award of attorney fees and costs on remand.  OPINION HOLDS: We find no abuse of discretion and affirm.

Case No. 22-0969:  State of Iowa v. Erick Alveno

Filed Aug 30, 2023

View Opinion No. 22-0969

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            Erick Alveno appeals his convictions for burglary in the second degree, assault with intent to commit sexual abuse, and indecent contact with a child.  OPINION HOLDS: Because substantial evidence supports the district court’s findings and Alveno did not preserve his prosecutorial-misconduct claim, we affirm.

Case No. 22-1002:  T.M., on behalf of A.W., a child v. J.W.

Filed Aug 30, 2023

View Opinion No. 22-1002

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (4 pages)

            J.W. appeals the entry of a protective order for relief from sexual abuse under Iowa Code chapter 236A (2022).  OPINION HOLDS: Considering the district court’s credibility findings, a reasonable mind could conclude it is more likely than not that J.W. sexually abused A.W.  Because substantial evidence supports the finding reached by the district court, we affirm.

Case No. 22-1035:  State of Iowa v. Timothy Allen Fleshner

Filed Aug 30, 2023

View Opinion No. 22-1035

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (3 pages)

            Timothy Fleshner appeals his sentence following a probation revocation.  He requested a deferred judgment, but the court imposed an indeterminate sentence of five years.  OPINION HOLDS: The district court acted within its discretion, so we affirm. 

Case No. 22-1055:  State of Iowa v. Richard George Fleck, Jr.

Filed Aug 30, 2023

View Opinion No. 22-1055

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Richard George Fleck Jr. appeals his conviction for murder in the first degree.  OPINION HOLDS:  Because the district court acted within its discretion in ruling on a mistrial and substantial evidence supports the jury’s verdict, we affirm Fleck’s conviction.

Case No. 22-1107:  T.M. v. C.M.

Filed Aug 30, 2023

View Opinion No. 22-1107

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (5 pages)

            A respondent appeals the grant of a sexual abuse protective order.  OPINION HOLDS: Because the record is insufficient to prove sexual abuse, we reverse and remand to vacate the order.

Case No. 22-1116:  State of Iowa v. James Thomas Lockwood, Jr.

Filed Aug 30, 2023

View Opinion No. 22-1116

            Appeal from the Iowa District Court for Lyon County, Charles Borth, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Ahlers, P.J.  (11 pages)

            James Lockwood appeals following his conviction for manufacturing marijuana.  He challenges (1) the district court’s refusal to include a jury instruction on medical necessity as an affirmative defense, (2) the sufficiency of the evidence, (3) the district court’s denial of his motions for mistrial and new trial, and (4) his sentence.  OPINION HOLDS: The district court correctly denied Lockwood’s proposed jury instruction.  Lockwood’s conviction is supported by sufficient evidence.  The district court did not abuse its discretion when it denied Lockwood’s motions for mistrial and new trial.  The district court also did not abuse its discretion when imposing sentence.

Case No. 22-1144:  State of Iowa v. Amy Lois Rasmussen

Filed Aug 30, 2023

View Opinion No. 22-1144

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            Amy Rasmussen appeals her sentences for two counts of assault causing bodily injury following an Alford plea.  She claims the district court abused its discretion when reaching a sentencing determination and the court imposed an illegal sentence by issuing a no contact order in connection with a dismissed charge.  OPINION HOLDS: The district court did not abuse its discretion when reaching a sentencing determination.  Issuance of the no contact order did not result in an illegal sentence because Rasmussen consented to the no contact order as part of the plea agreement and the district court’s authority to enter the no contact order.

Case No. 22-1351:  In re the Marriage of Routt

Filed Aug 30, 2023

View Opinion No. 22-1351

            Appeal from the Iowa District Court for Davis County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (7 pages)

            Frederick Routt appeals the physical care and visitation provisions of the district court’s dissolution modification order.  Lindsey defends the order and requests attorney’s fees.  OPINION HOLDS: Because we find the district court’s modification order equitable, we affirm.  We grant Lindsey’s request for attorney’s fees.

Case No. 22-1367:  State of Iowa v. Scott Randolph Luke

Filed Aug 30, 2023

View Opinion No. 22-1367

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.  Opinion by Ahlers, P.J.  (7 pages)

            Scott Luke appeals his sentence following his guilty plea to second-offense domestic abuse assault.  OPINION HOLDS: The district court did not abuse its discretion when sentencing Luke to incarceration and provided adequate reasoning for running the sentence consecutively to other sentences imposed following revocation of Luke’s probation in a separate case.

Case No. 22-1434:  Jerry Allen Tolbert v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-1434

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.   Opinion by Chicchelly, J.  (4 pages)

            Jerry Tolbert appeals the dismissal of his application for postconviction relief concerning his conviction for robbery in the first degree.  He challenges the district court’s finding that his application was untimely.  OPINION HOLDS: Because Tolbert’s application does not satisfy the exception set forth in Allison v. State, 914 N.W.2d 866 (Iowa 2018), we conclude the district court properly dismissed the application for untimeliness.

Case No. 22-1505:  State of Iowa v. Dashaun Avery Redmond

Filed Aug 30, 2023

View Opinion No. 22-1505

            Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (8 pages)

            Dashaun Redmond appeals his conviction for one count of carrying weapons.  He asserts that the search and seizure of his person violated his Fourth Amendment rights under the United States Constitution, as well as his rights under Article I, Section 8 of the Iowa Constitution.  OPINION HOLDS: We conclude the police officer was justified in believing that Redmond, who was at close range, may be armed and could be presently dangerous to himself.  And we also conclude it would be clearly unreasonable to deny the officer the power to take necessary measures to determine whether Redmond was in fact carrying a weapon and to neutralize the threat of physical harm.  The Terry pat-down did not violate Redmond’s constitutional rights, state or federal, and we affirm the denial of the motion to suppress.

Case No. 22-1581:  State of Iowa v. Paula Lynn Cole

Filed Aug 30, 2023

View Opinion No. 22-1581

            Appeal from the Iowa District Court for Black Hawk County, William P. Wegman, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            Paula Cole appeals from her conviction for child endangerment.  OPINION HOLDS: The evidence is sufficient to find Cole acted knowingly in a manner that created a substantial risk to her children’s physical, mental, or emotional health.

Case No. 22-1596:  Jonathan Antione Brown v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-1596

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Jonathan Brown appeals the denial of his second application for postconviction relief as untimely.  OPINION HOLDS: The district court did not err in dismissing the application, which was filed outside the three-year limitation period of Iowa Code section 822.3 (2022).

Case No. 22-1633:  Stephen Craig Leonard v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-1633

            Appeal from the Iowa District Court for Clay County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Stephen Leonard appeals the district court’s denial of his application for postconviction relief (PCR), contending his trial counsel was ineffective in advising him to waive trial by a jury, in failing to secure an expert witness, and in failing to depose one of the State’s witnesses.  OPINION HOLDS: Because Leonard failed to prove either breach of an essential duty by his trial counsel nor prejudice, we find he did not establish ineffective assistance of counsel and affirm the district court’s denial of Leonard’s PCR application.

Case No. 22-1663:  State of Iowa v. Arthur Lee McDole

Filed Aug 30, 2023

View Opinion No. 22-1663

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            Arthur McDole appeals the denial of his motion to suppress and his convictions for possession of a controlled substance with intent to deliver and failure to affix a drug tax stamp.  OPINION HOLDS: On our review, we affirm the district court’s rulings.

Case No. 22-1690:  Christopher Dee Nall v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-1690

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

            Christopher Nall appeals the district court’s denial of his request for postconviction relief regarding his convictions for eluding and harassment.  He claimed he received ineffective assistance because defense counsel permitted him to plead guilty when his pleas were not knowing and voluntary.  OPINION HOLDS: We conclude Nall has not shown counsel’s performance was deficient or that he was prejudiced by counsel’s performance.  We affirm the decision of the district court.

Case No. 22-1693:  Kenneth Sheffey v. State of Iowa

Filed Aug 30, 2023

View Opinion No. 22-1693

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (7 pages)

            The applicant appeals the dismissal of his third postconviction-relief application as time-barred.  OPINION HOLDS: Because Sheffey was on notice of the State’s motion to dismiss and had adequate time and an opportunity to respond, we affirm.

Case No. 22-1712:  State of Iowa v. Ricky Gene Titus, Jr.

Filed Aug 30, 2023

View Opinion No. 22-1712

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            A defendant appeals his conviction for domestic abuse assault causing bodily injury, challenging the sufficiency of the evidence to support the verdict.  OPINION HOLDS: Finding the verdict is supported by substantial evidence, we affirm.

Case No. 22-1724:  Estate of Zdroik v. Ostrowski

Filed Aug 30, 2023

View Opinion No. 22-1724

            Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            The estate of Anthony J. Zdroik appeals a summary judgment ruling in favor of Brian and John Ostrowski dismissing the estate’s claims of gross negligence.  OPINION HOLDS: We affirm.

Case No. 22-1772:  State of Iowaa v. Derrick Cook Maynard

Filed Aug 30, 2023

View Opinion No. 22-1772

          Appeal from the Iowa District Court for Louisa County, Clinton Boddicker, District Associate Judge.  AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

          Derrick Maynard appeals his conviction for voluntary manslaughter.  OPINION HOLDS: We determine the record contains substantial evidence that would convince a rational trier of fact that Maynard is guilty beyond a reasonable doubt of the crime of voluntary manslaughter.  Accordingly, we affirm.

Case No. 22-1817:  State of Iowa v. Garett Andrew McMillan

Filed Aug 30, 2023

View Opinion No. 22-1817

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  REVERSED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (6 pages)

            Garett McMillan pleaded guilty to four counts of fraudulent practice for tampering with the odometers of cars he sold online.  In exchange for his pleas, the State agreed to remain silent on his request for a deferred judgment.  While the State lived up to its bargain, McMillan now contends the sentencing court misinterpreted the State’s recommendation and asks the court to vacate his judgment and remand his case for resentencing.  OPINION HOLDS: Because we found the judge’s lack of clarification on whether he actually conflated the State’s silence on a deferred judgment with a recommendation, which is an impermissible factor, we vacate and remand for resentencing before a different judge.

Case No. 22-1902:  Jerrin Michael Crowell v. Melissa Leilani Bonilla

Filed Aug 30, 2023

View Opinion No. 22-1902

            Appeal from the Iowa District Court for Polk County, William A. Price, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS TO DETERMINE ATTORNEY FEES.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals the district court’s award of physical care of her child to the father.  OPINION HOLDS: We affirm, finding multiple factors favor placing physical care with the father and deferring to the multiple adverse credibility findings against the mother by the lower courts.  We remand to the district court to determine the amount the mother should pay towards the father’s appellate attorney fees not to exceed $5000.

Case No. 22-1911:  Jackson v. Catholic Health Initiatives

Filed Aug 30, 2023

View Opinion No. 22-1911

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Badding, J.  (7 pages)

            Shar’on Jackson appeals an adverse grant of summary judgment based on her failure to disclose an expert under Iowa Code section 668.11 (2021), claiming either (1) she substantially complied with section 668.11 or (2) good cause existed to extend the time for compliance.  OPINION HOLDS: Finding Jackson did not substantially comply with the statute or establish good cause, we affirm.

Case No. 22-1956:  State of Iowa v. Aaron Brown

Filed Aug 30, 2023

View Opinion No. 22-1956

            Appeal from the Iowa District Court for Black Hawk County, William P. Wegman, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (5 pages)

            Aaron Brown appeals his conviction for operating a vehicle without owner’s consent.  OPINION HOLDS: We conclude there is substantial evidence in the record to convince a rational trier of fact of Brown’s guilt beyond a reasonable doubt.  Accordingly, we affirm.

Case No. 22-2006:  Bernard A. Nelson, Vicki Toomsen, Rodney Nelson, Ricky Nelson, and Sherri Brown v. Bobette Cross and Gidget Cross Trask

Filed Aug 30, 2023

View Opinion No. 22-2006

            Appeal from the Iowa District Court for Humboldt County, Kurt L. Wilke, Judge.  REVERSED AND REMANDED.  Considered by Chicchelly, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

                 Property owners appeal the district court order finding adjoining property owners were entitled to a boundary establishing their possession of a disputed 8.5-foot strip of land between the properties.  OPINION HOLDS: Finding the trial court misapplied the law as to acquiescence and adverse possession, and the plaintiffs failed in their proof as to declaratory judgment, we reverse and remand.

Case No. 22-2014:  State of Iowa v. Kevin Keith Orris

Filed Aug 30, 2023

View Opinion No. 22-2014

            Appeal from the Iowa District Court for Washington County, Michael Schilling, Judge.  AFFIRMED IN PART, VACATED IN PART, AND DREMANDED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J. (6 pages)

            Kevin Orris appeals from the sentence imposed following his guilty plea to six counts of incest of a dependent adult, a class D felony in violation of Iowa Code sections 726.2, 235B.2(4), 692A.102(1)(b)(17), and 903B.2 (2021).  Orris contends the district court abused its sentencing discretion and committed error that should invalidate his sentence.  OPINION HOLDS: Finding error in the court’s instruction to complete sex-offender treatment, we vacate only that portion of the order and affirm the remaining sentence.

Case No. 23-0044:  Jeremy Lee Muntz v. Trina Marie Sayre

Filed Aug 30, 2023

View Opinion No. 23-0044

            Appeal from the Iowa District Court for Van Buren County, John M. Wright, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Trina Sayre appeals the district court’s order awarding primary physical custody of her twin children to the children’s father, Jeremy Muntz, and awarding her visitation on the basis of three weekends a month.  OPINION HOLDS: We affirm placing physical care with Jeremy, reverse the district court’s denial of the request for a summer-parenting-schedule and remand with directions, and deny Jeremy’s request for attorney fees.

Case No. 23-0083:  State of Iowa v. Mychael Richard Patten

Filed Aug 30, 2023

View Opinion No. 23-0083

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            Mychael Patten appeals the sentences imposed on his criminal convictions.  He argues “the district court abused its discretion by failing to consider his postconviction rehabilitation, and by basing its decision to impose consecutive sentences solely on the facts and circumstances of the offenses.”  OPINION HOLDS: Finding no affirmative showing of an abuse of discretion, we affirm.

Case No. 23-0245:  State of Iowa v. Shon Mathias Johnson

Filed Aug 30, 2023

View Opinion No. 23-0245

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

            The defendant appeals from the sentence imposed following his guilty plea to one count of failure to comply—verification violation, second or subsequent violation as an habitual offender.  OPINION HOLDS:  Finding no abuse of discretion, we affirm.

Case No. 23-0514:  In the Interest of A.M., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0514

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

            A mother appeals the termination of her parental rights to A.M. pursuant to Iowa Code section 232.116(1)(h) and (l) (2022).  She challenges the existence of grounds for termination and contends termination of her rights is not in the child’s best interests.  In the alternative, the mother asserts the court should have granted her a six-month extension or placed the child in a guardianship with maternal grandmother and apply the permissive exception to termination in Iowa Code section 232.116(3)(a).  OPINION HOLDS: We affirm.

Case No. 23-0665:  In the Interest of J.B., K.B., and P.S., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0665

            Appeal from the Iowa District Court for Hamilton County, Hans Becker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (13 pages)

            F.Y., who is the father of P.S., and the mother of all three children separately appeal the termination of their parental rights.  F.Y. claims termination of his parental rights is not in the child’s best interests.  The mother contends she should have been granted a six-month extension to seek reunification, termination of her parental rights is not in the children’s best interests, and her bond with the children should provide a basis to avoid termination.  OPINION HOLDS: We affirm on both appeals.

Case No. 23-0729:  In the Interest of J.C., T.G., P.F., and D.W., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0729

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights.  The mother contends the State did not prove a statutory ground for termination nor that termination was in the children’s best interests.  She also argues that the State did not make reasonable efforts to reunite her family.  In his appeal, the father of the oldest child lobbies to place J.C. in a guardianship and argues that preserving his parental rights is in his son’s best interests.  OPINION HOLDS: Finding no cause for reversal in either parent’s arguments, we affirm the termination order. 

Case No. 23-0759:  In the Interest of K.R., N.R., A.R., and J.R., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0759

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

            A mother and father separately appeal the modification of a dispositional order transferring placement of their children.  OPINION HOLDS: We affirm, finding modification of the dispositional order was appropriate under Iowa Code section 232.103(4) (2023) and in the children’s best interests.

Case No. 23-0774:  In the Interest of B.E. and B.E., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0774

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            A mother appeals from the termination of her parental rights to her children.  She contends the State failed to prove the grounds for termination cited by the juvenile court, termination was not in the children’s best interests, and she should have been granted additional time to work toward reunification.  OPINION HOLDS: Upon our review, we affirm.

Case No. 23-0775:  In the Interest of J.F. and J.S., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0775

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  She contends she should have been granted additional time to work toward reunification and termination was not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 23-0828:  In the Interest of M.S., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0828

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (12 pages)

            A mother of a thirteen-month-old with significant medical needs appeals the termination of her parental rights.  OPINION HOLDS: Finding the mother did not preserve error on her right-to-counsel claim and that the best interests of the child supports termination and is not overcome by the permissive exception or the option of a limited guardianship, we affirm the decision of the juvenile court terminating parental rights.

Case No. 23-0889:  In the Interest of N.R., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0889

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  MOTHER'S APPEAL DISMISSED, AFFIRMED ON FATHER'S APPEAL.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We dismiss the mother’s appeal as untimely.  The father’s challenge to the services provided to him is not preserved for our review, termination of his parental rights is in the child’s best interests, and we reject any other arguments he raises.

Case No. 23-0903:  In the Interest of M.N., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0903

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (8 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. 23-0904:  In the Interest of A.S.-T., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0904

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother did not preserve error on her claim the State did not engage in reasonable efforts to reunite her with her child.  Also, placing the child in a guardianship with a relative is not in the child’s best interests.  The child’s best interests are met by termination of the mother’s parental rights and adoption.  We affirm the juvenile court’s decision.

Case No. 23-0907:  In the Interest of J.M., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0907

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON MOTHER’S APPEAL; REVERSED AND REMANDED ON FATHER’S APPEAL.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  Partial Dissent by Buller, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights.  Both argue for extensions and that it was not in the child’s best interests to terminate their rights.  The mother also claims her bond with the child should preclude termination.  OPINION HOLDS: We find no grounds to reverse termination as to the mother.  But we find the father should receive another six months to work toward reunification with the child.  PARTIAL DISSENT ASSERTS: Because I do not find a sufficient basis to reverse the juvenile court’s denial of the father’s request for a six-month extension, I dissent from that portion of the majority opinion.

Case No. 23-0937:  In the Interest of K.W., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0937

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

            A mother appeals the termination of her parental rights.  She claims that the State failed to prove a ground for termination, that termination is not in the best interests of the child, and that her close bond with the child should prevent termination.  OPINION HOLDS: We find the State established a ground for termination by clear and convincing evidence.  We also find that termination is in the child’s best interests and that the parent-child bond is insufficient to preclude termination.  We affirm. 

Case No. 23-0952:  In the Interest of R.F., Minor Child

Filed Aug 30, 2023

View Opinion No. 23-0952

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A father appeals the termination of his parental rights.  He argues termination is not in the child’s best interests, requests a permissive exception to termination be applied, and seeks additional time to work toward reunification.  OPINION HOLDS: Termination is in the child’s best interests.  We decline to apply a permissive exception to termination, and we do not grant the father any additional time to work toward reunification.

Case No. 23-0979:  In the Interest of T.G., M.G., H.G., K.G., and M.G., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0979

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller., J., and Doyle, S.J.  Opinion by Doyle, S.J.  (3 pages)

            A father appeals after entry of  review orders in child-in-need-of-assistance proceedings involving five children, claiming violations of the Indian Child Welfare Act.  OPINION HOLDS: Finding no violations, we affirm. 

Case No. 23-0982:  In the Interest of E.B. and P.D., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0982

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

            A mother and father each appeal the termination of their parental rights.  OPINION HOLDS: As to the mother, we find a six-month extension of time is not advisable, termination of her parental rights is in the children’s best interests, and no exception to termination should be applied.  As to the father, there is sufficient evidence in the record to support termination of parental rights to his child, termination is in the child’s best interests, no exception to termination should be applied, and he will not be able to care for the child within six months.  We affirm both the termination of the mother’s parental rights to her two children and the father’s parental rights to his child.

Case No. 23-0988:  In the Interest of B.T. and A.T., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-0988

            Appeal from the Iowa District Court for Poweshiek County, Patrick McAvan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because clear and convincing evidence shows the children’s best interests are served by terminating the mother’s parental rights, we affirm.

Case No. 23-1066:  In the Interest of A.G., G.H., A.G., S.H. and A.M., Minor Children

Filed Aug 30, 2023

View Opinion No. 23-1066

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals the termination of her rights to five children, and the father appeals the termination of his rights to two of those children.  They both assert the State failed to show that termination was in their children’s best interest and that reasonable efforts were made toward reunification.  They also argue the district court should have granted them a six-month extension.  And the mother separately contends the district court should have granted a permissive exception to termination.  OPINION HOLDS: Because we find the State met its burden, it would take more than six months to reunify, the parents waived their reasonable-efforts challenge, and there is no basis for a permissive exception, we affirm.

Case No. 21-1719:  Stephen Allen Boeding v. State of Iowa

Filed Aug 09, 2023

View Opinion No. 21-1719

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Stephen Boeding appeals the district court decision denying his request for postconviction relief (PCR) for his conviction for first-degree murder.  OPINION HOLDS: Boeding has not shown he received ineffective assistance based on his claims defense counsel should have (1) filed an insanity defense, (2) called his wife, Angela Boeding, as a witness, and (3) requested an instruction on spoliation because a DVD of a police interview with Angela was destroyed.  Also, he has not shown he received ineffective assistance from counsel during his direct appeal.  We affirm the district court’s denial of Boeding’s PCR application.

Case No. 22-0277:  State of Iowa v. Travis Lyle Starr

Filed Aug 09, 2023

View Opinion No. 22-0277

            Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (8 pages)

            Travis Starr challenges the sufficiency of the evidence supporting his conviction for first-degree harassment.  He argues there is not substantial evidence he had the specific intent to threaten, intimidate, or alarm a police officer.  He also argues he had a “legitimate purpose” in telling the officer he would kill him.  OPINION HOLDS: Because the jury was not instructed to consider whether Starr’s level of intoxication impacted his ability to form specific intent, and because the instructions as given are the law of the case, we do not reach the merits of Starr’s claim that the jury should have acquitted him based on his intoxication and resulting incapacity to form the requisite intent.  And there is substantial evidence Starr’s statement was a true threat and, therefore, did not have a legitimate purpose.  We affirm. 

Case No. 22-0614:  State of Iowa v. Joshua Lee Adams

Filed Aug 09, 2023

View Opinion No. 22-0614

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Badding, J. (13 pages)

            Joshua Adams appeals his convictions for murder in the first degree, claiming he proved his insanity defense.  OPINION HOLDS: We affirm.  Substantial evidence exists to support the district court’s conclusion that Adams was legally sane at the time he committed the murders.

Case No. 22-0697:  In re The Marriage of Colby

Filed Aug 09, 2023

View Opinion No. 22-0697

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED ON BOTH APPEALS AND REMANDED WITH DIRECTIONS.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Special Concurrence by Buller, J.  Partial Dissent by Ahlers, J.  (17 pages)

            Thomas Colby appeals and Kimberly Cisna cross-appeals the spousal-support provisions of a dissolution-of-marriage decree.  OPINION HOLDS: We affirm the district court’s spousal support award in its entirety.  We determine Kimberly is entitled to an award of appellate attorney fees, and we remand to the district court to determine a reasonable award and enter judgment for the same. SPECIAL CONCURRENCE ASSERTS: Given the procedural posture of the case and the existing guidance in the case law, I join in the court’s opinion to affirm the judgment in whole.  I write separately in part to express my view that the current spousal-support-award case law is not working. PARTIAL DISSENT ASSERTS: I concur in affirming on Kimberly's cross-appeal.  However, I dissent with respect to the majority's decision to classify the spousal support award as rehabilitative because Kimberly requires no retraining or re-education to become self-sufficient.  Instead, I view the support award as transitional support that should not extend beyond one year in duration based on the facts of this case.  Also, I would not award Kimberly appellate attorney fees.

Case No. 22-0733:  Jerrid Michael Winfrey v. State of Iowa

Filed Aug 09, 2023

View Opinion No. 22-0733

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (15 pages)

            Jerrid Winfrey appeals the denial of his postconviction-relief application.  He raises twelve claims, alleging ineffective assistance of counsel, prosecutorial misconduct, and an illegal sentence.  OPINION HOLDS: We affirm.   

Case No. 22-0842:  State of Iowa v. Booker Deon McKinney

Filed Aug 09, 2023

View Opinion No. 22-0842

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

            Booker McKinney appeals his sentence and restitution obligations following his guilty plea.  OPINION HOLDS: The district court provided adequate reasoning for selecting the sentence imposed.  Because McKinney failed to request an ability-to-pay determination and file the required financial affidavit prior to sentencing, he waived his challenge to the court’s determination that he could pay category “B” restitution.  To the extent he wishes to challenge the court’s subsequent ruling that he had the ability to pay restitution following an Iowa Code section 910.7 (2022) hearing, we are without jurisdiction because McKinney has not filed anything following that ruling indicating he is seeking review of that determination.

Case No. 22-0859:  Dwight Tyrone McCall v. State of Iowa

Filed Aug 09, 2023

View Opinion No. 22-0859

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Dwight McCall appeals from the summary dismissal of his seventh postconviction-relief (PCR) application challenging his 2007 convictions for first-degree criminal mischief and third-degree burglary.  He argues the district court’s dismissal of his action was premature.  OPINION HOLDS: The facts McCall alleges as the basis for relief—that he had alibi witnesses who were prevented from testifying at his underlying criminal trial—could have been discovered during the limitations period with the exercise of due diligence, so his claim does not fall within the ground-of-fact exception to the statute of limitations.  Therefore, McCall’s seventh application is time-barred, and summary dismissal was appropriate.

Case No. 22-0892:  State of Iowa v. Sydney Leiann Slaughter

Filed Aug 09, 2023

View Opinion No. 22-0892

              Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  Dissent by Greer, J.  (23 pages)

              A defendant appeals her conviction for a making a false claim for a slot machine jackpot.  She argues the statute she was convicted under did not encompass her conduct.  She also contends her conviction is not supported by sufficient evidence as to two elements.  And she asserts the district court erred in allowing an expert witness to testify to the meaning of wager.  OPINION HOLDS: Because the State failed to provide substantial evidence of her guilt, we reverse and remand for the district court to enter a judgment of acquittal.  DISSENT ASSERTS: I must dissent from the majority opinion because I view the circumstantial evidence in this case as sufficient support for the conviction.

Case No. 22-0932:  In re the Marriage of Johannes

Filed Aug 09, 2023

View Opinion No. 22-0932

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A husband appeals a dissolution decree, challenging the court’s inclusion of a vehicle and his wife’s student loan debt in the marital estate.  OPINION HOLDS: Finding no failure to do equity, we affirm.

Case No. 22-1077:  State of Iowa v. Ashlie Danielle Rosales

Filed Aug 09, 2023

View Opinion No. 22-1077

            Appeal from the Iowa District Court for Plymouth County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.  Opinion by Ahlers, P.J.  (6 pages)

            Ashlie Rosales appeals her convictions for delivery of methamphetamine and possession of methamphetamine.  She claims she received ineffective assistance from trial counsel and her convictions are not supported by sufficient evidence.  OPINION HOLDS: We are statutorily prohibited from considering Rosales’s ineffective-assistance claims on direct appeal.  Rosales’s convictions are supported by sufficient evidence.

Case No. 22-1089:  In re the Marriage of Unke

Filed Aug 09, 2023

View Opinion No. 22-1089

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Karla Wunderlin challenges the rulings denying her request for an order nunc pro tunc and dismissing her application for rule to show cause.  OPINION HOLDS: I. Because the marital property order reflected the intent of the court in entering the decree dissolving Karla’s marriage to Wesley Unke, the district court did not err in denying Karla’s request for a nunc pro tunc order correcting it.  II. The district court did not abuse its discretion in dismissing Karla’s application for rule to show cause because Karla did not show Wesley willfully failed to pay his child support obligation.  III. We decline to award either party appellate attorney fees.

Case No. 22-1205:  Scott Patrick Hassel v. State of Iowa

Filed Aug 09, 2023

View Opinion No. 22-1205

              Appeal from the Iowa District Court for Dickinson County, John M. Sandy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

              Scott Hassel appeals the denial of his application for postconviction relief (PCR), claiming he received ineffective assistance from his trial counsel.  OPINION HOLDS: Because Hassel did not establish that his trial counsel failed to perform an essential duty, we affirm the dismissal of his PCR application. 

Case No. 22-1228:  State of Iowa v. Kelly Nicholas Judge

Filed Aug 09, 2023

View Opinion No. 22-1228

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

            Kelly Judge appeals from his conviction for domestic abuse assault causing bodily injury.  OPINION HOLDS: The district court did not abuse its discretion in declining to continue trial.

Case No. 22-1301:  Witting v. Schinstock-McConnell

Filed Aug 09, 2023

View Opinion No. 22-1301

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            Ruth Schinstock-McConnell and Lawrence McConnell appeal the district court’s finding of a boundary by acquiescence.  OPINION HOLDS: We find the district court’s finding is supported by substantial evidence, so we affirm.

Case No. 22-1305:  State of Iowa v. Matthew Sherman Olson

Filed Aug 09, 2023

View Opinion No. 22-1305

            Appeal from the Iowa District Court for Page County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Matthew Olson appeals (1) the denial of his motion for judgment of acquittal and guilty jury verdict for interference with official acts, and (2) the district court’s prison sentences as illegal.  OPINION HOLDS: Substantial evidence supports the jury verdict and trial court properly denied the motion for judgment of acquittal.  The sentences were neither illegal nor grossly disproportionate. 

Case No. 22-1430:  State of Iowa v. Thomas Lee Deitrick

Filed Aug 09, 2023

View Opinion No. 22-1430

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

              Thomas Deitrick argues there was not sufficient evidence to support his first-degree burglary and first-degree robbery convictions.  OPINION HOLDS:  Because we find sufficient evidence supports both convictions, we affirm.

Case No. 22-1463:  State of Iowa v. Matthew James Williams

Filed Aug 09, 2023

View Opinion No. 22-1463

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING WITH DIRECTIONS.  Considered by Tabor, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Matthew Williams appeals his sentences following his guilty plea.  He claims (1) the State breached the plea agreement by not advocating for the agreed-upon sentence, (2) the district court failed to provide reasons for sentencing him to consecutive sentences, (3) and the court erred by not letting him withdraw his guilty plea once it decided it would not be bound by the plea agreement.  OPINION HOLDS: The State failed to provide any support for its sentencing recommendation and breached the plea agreement.  We remand for resentencing and do not address Williams’s claim that the court failed to provide reasons for imposing consecutive sentences.  On remand, if the court refuses to be bound by the plea agreement, it must permit Williams to withdraw his guilty plea.

Case No. 22-1658:  State of Iowa v. Denise Marie Allgood

Filed Aug 09, 2023

View Opinion No. 22-1658

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            Denise Allgood pled guilty to one count of first-degree theft and one count of first-degree fraudulent practices, both class “C” felonies.  The district court sentenced Allgood to serve up to ten years on each count and required her to serve the sentences consecutively, for a total term of imprisonment not to exceed twenty years.  Allgood appeals the sentences.  OPINION HOLDS: Finding no abuse of discretion, we affirm Allgood’s sentences.  However, we remand to the district court for the limited purpose of allowing it to issue a nunc pro tunc order to correct the clerical error in the written judgment entry.

Case No. 22-1704:  Michael Bagby v. First Street Deli II, LLC, Kim Harker, and Alexis Brown

Filed Aug 09, 2023

View Opinion No. 22-1704

            Appeal from the Iowa District Court for Buchanan County, Richard D. Stochl, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Michael Bagby appeals the district court ruling dismissing his claims for breach of contract and unjust enrichment.  Bagby’s debtors—First Street Deli II, LLC (the LLC) and Kim Harker and Alexis Brown, individually and as members of the LLC—argued that their contract with Bagby was unconscionable and its late-fee provision was a penalty against public policy.  Bagby argues the district court erred in finding that the contract was unconscionable and the late-fee provision was an unenforceable penalty.  OPINION HOLDS: Finding errors of law in both the unconscionability and penalty analyses, we reverse and remand to the district court for entry of an order consistent with this opinion.

Case No. 22-1720:  State of Iowa v. Steven Robert Wildman

Filed Aug 09, 2023

View Opinion No. 22-1720

            Appeal from the Iowa District Court for Mitchell County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (4 pages)

            Steven Wildman appeals his sentence following a guilty plea.  OPINION HOLDS: Finding no abuse of the sentencing court’s discretion, we affirm. 

Case No. 22-1747:  Liford v. Christensen Farm

Filed Aug 09, 2023

View Opinion No. 22-1747

            Appeal from the Iowa District Court for Appanoose County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller,  JJ.  Opinion by Chicchelly, J.  (8 pages)

            Teresa Liford appeals the district court’s ruling that she is not entitled to Second Injury Fund benefits.  OPINION HOLDS: Substantial evidence necessary supports the finding that Liford did not have a separate and distinct second injury.  Because Liford is not entitled to benefits from the Second Injury Fund, we affirm the district court’s ruling.

Case No. 22-1836:  State of Iowa v. Scott Matthew Decker

Filed Aug 09, 2023

View Opinion No. 22-1836

            Appeal from the Iowa District Court for Scott County, Meghan K. Corbin, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Scott Decker contends the sentencing court abused its discretion by imposing prison rather than probation supervision.  OPINION HOLDS: Because the sentencing court did not abuse its discretion, we affirm.

Case No. 22-1901:  State of Iowa v. Phillip Diamond Smith

Filed Aug 09, 2023

View Opinion No. 22-1901

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Mullins, S.J.  Opinion by Mullins, S.J. (5 pages)

            A defendant appeals his convictions, alleging error in the district court’s denial of his request for substitute counsel.  OPINION HOLDS: Finding the defendant is not entitled to any relief on appeal, we affirm. 

Case No. 22-1926:  Colin Shawn Hall v. Jena Joann Weissenburger

Filed Aug 09, 2023

View Opinion No. 22-1926

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Colin Hall appeals the district court order on custody, visitation, and support for his child with his former girlfriend, Jena Weissenburger.  He claims the court should have ordered joint physical care of their child, R.J.W.  He also challenges several provisions of the court’s order on visitation.  Finally, he appeals the court’s order providing Jena the ability to claim R.J.W. as a dependent for tax purposes for four consecutive years.  OPINION HOLDS: We find awarding Jena physical care of R.J.W. is in the child’s best interests.  The court’s order on the visitation schedule, except for summer visitation, is equitable.  The court should not have deviated from the parties’ stipulation on summer visitation.  And permitting Jena the ability to claim the child as a dependent for four consecutive years is inequitable.  We deny Jena’s request for appellate attorney fees.  We affirm as modified. 

Case No. 23-0315:  In the Interest of L.H., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0315

              Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  REVERSED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (10 pages)

              A father appeals the termination of parental rights under Iowa Code chapter 600A (2022).  OPINION HOLDS: Because she has not met her burden on the statutory grounds for termination, we reverse the district court’s termination of the father’s parental rights. 

Case No. 23-0489:  In the Interest of S.C. and T.C., Minor Children

Filed Aug 09, 2023

View Opinion No. 23-0489

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion per curiam.  (6 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Because we are unable to review the father’s challenge to whether the State made reasonable efforts and the State proved the grounds for termination, we affirm.

Case No. 23-0501:  In the Interest of J.P., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0501

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (4 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination and requests additional time to work toward reunification.  OPINION HOLDS: The State established a statutory ground authorizing termination, and we decline to grant the father additional time to work toward reunification.

Case No. 23-0720:  In the Interest of T.W., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0720

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

            A mother appeals the permanency order and grant of concurrent district court jurisdiction in child-in-need-of-assistance proceedings.  OPINION HOLDS: The juvenile court’s custody determination and grant of concurrent jurisdiction in the permanency order are in the child’s best interests, and we affirm.

Case No. 23-0746:  In the Interest of C.A., C.A., M.A., and L.N., Minor Children

Filed Aug 09, 2023

View Opinion No. 23-0746

            Appeal from the Iowa District Court for Benton County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  We affirm, finding the State proved the statutory elements of termination, reasonable efforts at reunification were provided to the mother, the juvenile court did not err in declining to grant a six-month extension, and the juvenile court did not err in declining to apply a permissive exception.

Case No. 23-0754:  In the Interest of E.O., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0754

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother and child separately appeal from a permanency order directing the child be placed in a guardianship.  Both seek the child’s return to the mother’s custody, and the mother also requests additional time to work toward reunification.  OPINION HOLDS: The child could not be safely returned to the mother, and we do not grant additional time to work toward reunification.

Case No. 23-0792:  In the Interest of K.B., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0792

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Ahlers and Buller, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother appeals the termination of her parental rights to her three-year-old son, pointing out that she has custody of her younger daughter.  OPINION HOLDS: Because the current proceeding concerns only K.B., and there is little in the record regarding the younger child, we decide based on the record in K.B.’s case.  That record shows the State proved the grounds for termination, it is in K.B.’s best interests to terminate the mother’s rights, no permissive exception applies, and termination is more appropriate than guardianship with the maternal grandmother.  So we affirm the termination. 

Case No. 23-0822:  In the Interest of L.L. and L.L., Minor Children

Filed Aug 09, 2023

View Opinion No. 23-0822

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            A mother appeals the termination of her parental rights to her two young children.  She claims the juvenile court should have granted a six-month extension for reunification efforts.  She also claims that termination is not in the children’s best interests.  And she contends the juvenile court should not have terminated her parental rights due to her close bond with the children.  OPINION HOLDS: A six-month extension is not supported in the record. Termination is in the children’s best interests.  Finally, we decline to apply a permissive exception.

Case No. 23-0863:  In the Interest of P.-C.M., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0863

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

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The State made reasonable efforts to reunify the family.  Even if the mother received the services she now complains about, the result would be the same because those services would not have addressed the reasons that led to termination.  Because additional time would not change the outcome, we affirm termination of the mother’s parental rights.

Case No. 23-0902:  In the Interest of G.S., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0902

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Finding no basis for an extension and determining a guardianship is not in the child’s best interests, we affirm.

Case No. 23-0929:  In the Interest of K.D.-R.L., Minor Child

Filed Aug 09, 2023

View Opinion No. 23-0929

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Potterfield, S.J.  Opinion by Tabor, P.J.  (5 pages)

            The mother appeals the termination of her parental rights to her one-year-old son.  She contends the influence of the child’s controlling and abusive father prevented her from making progress in the case.  She requests more time and argues it is not in the child’s best interests to terminate her parental rights.  OPINION HOLDS: Because the mother had not addressed the other safety concerns in the case—her drug use and her mental-health needs—we find an extension of time was unwarranted.  And we find termination of her parental rights was in the child’s best interests.  We affirm.

Case No. 23-0930:  In the Interest of L.G., A.M.-G., and Z.G., Minor Children

Filed Aug 09, 2023

View Opinion No. 23-0930

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Doyle, S.J.* Opinion by Buller, J.  (7 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: We affirm, finding that the statutory elements to termination were satisfied and that the mother was not entitled to a six-month extension to work toward reunification.

Case No. 23-0935:  In the Interest of L.A. and A.A., Minor Children

Filed Aug 09, 2023

View Opinion No. 23-0935

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to two children, L.A. and A.A.  She contends that the children’s best interests are not served by termination and instead weigh in favor of a guardianship.  She also requests an exception based on the parent-child bond, and in the alternative, a six-month extension to work towards reunification.  OPINION HOLDS: Following our de novo review, we affirm the order terminating the mother’s parental rights to both children.

Case No. 23-0977:  In the Interest of M.H. and K.H., Minor Children

Filed Aug 09, 2023

View Opinion No. 23-0977

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  She argues termination is not in the children’s best interests and requests additional time to work toward reunification.  OPINION HOLDS: Termination is in the children’s best interests, and we do not grant the mother any additional time to work toward reunification.

Case No. 23-1022:  In the Interest of A.M. and T.M., Minor Children

Filed Aug 09, 2023

View Opinion No. 23-1022

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Mullins, S.J.   Opinion by Mullins, S.J.  (3 pages)

            A mother appeals the termination of her parental rights to two children, arguing the Iowa Department of Health and Human Services failed to make reasonable efforts at reunification and the permissive exception to termination in Iowa Code section 232.116(3)(c) (2023) should have been applied.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 21-1408:  Mubarak Matta Mubarak v. State of Iowa

Filed Jul 26, 2023

View Opinion No. 21-1408

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (13 pages)

            Mubarak Mubarak appeals the district court decision denying his application for postconviction relief following his conviction for first-degree robbery.  He claims he received ineffective assistance because defense counsel failed to (1) file a motion to suppress to challenge the identification process; (2) file a motion to suppress to challenge the pat-down search; (3) more fully investigate the case, including calling a specific witness; (4) object to the prosecution’s theme during opening statements; and (5) challenge the makeup of the jury because it did not contain an adequate proportion of African-Americans.  OPINION HOLDS: We conclude Mubarak has not shown he received ineffective assistance, and we affirm the decision of the district court.

Case No. 21-1612:  State of Iowa v. Kyle Robert Mall

Filed Jul 26, 2023

View Opinion No. 21-1612

            Appeal from the Iowa District Court for Benton County, Justin A. Lightfoot, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (29 pages)

            Kyle Mall appeals his convictions of two counts each of second-degree sexual abuse, lascivious acts with a child, and assault with intent to commit sexual abuse.  He argues his trial was erroneous in six ways and that the issues resulted in cumulative error.  OPINION HOLDS: Finding no abuse of discretion or legal error and consequently no cumulative error, we affirm.

Case No. 21-1718:  State of Iowa v. Todd Ricky Jenkins

Filed Jul 26, 2023

View Opinion No. 21-1718

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Mullins, S.J.  Opinion by Badding, J.  (20 pages)

            Todd Jenkins appeals his convictions for first-degree murder and going armed with intent, challenging the sufficiency of evidence supporting each conviction and arguing the district court abused its discretion in denying his motion for a new trial on weight-of-the-evidence grounds.  OPINION HOLDS: We affirm, finding the evidence was sufficient to support the convictions and the court did not abuse its discretion in denying the motion for a new trial.

Case No. 21-1879:  State of Iowa v. Melinda Lynn Haines, a/k/a Melinda Lynn Latham

Filed Jul 26, 2023

View Opinion No. 21-1879

            Appeal from the Iowa District Court for Scott County, Meghan K. Corbin, Judge.  AFFIRMED AND REMANDED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (15 pages)

            A defendant appeals her convictions for second-degree theft, third-degree burglary, and conspiracy to commit a non-forcible felony.  She contends they aren’t supported by sufficient evidence.  OPINION HOLDS: Because we find substantial evidence supports all three of her convictions, we affirm.  But we note an error in the defendant’s sentence and remand for entry of a new judgment order.

Case No. 21-2010:  State of Iowa v. Robert Paul Kimbrough Jr.

Filed Jul 26, 2023

View Opinion No. 21-2010

            Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (9 pages)

            Robert Kimbrough appeals his convictions for second-degree harassment (count I); domestic abuse assault (count II); and domestic abuse assault, third offense (count III).  He argues he was denied his constitutional right to a jury drawn from a fair cross section of the community, the court wrongly allowed evidence of his prior bad acts into evidence, and the court should have combined convictions in count II and count III.  OPINION HOLDS: Kimbrough did not establish a prima facie violation of his right to a jury drawn from a fair cross section of the community and, in fact, his focus on run-of-the-mill jury practices cannot be the basis for a successful fair-cross-section claim under Sixth Amendment analysis.  The district court did not abuse its discretion in admitting evidence of the prior assault against Kimbrough’s fiancée, and Kimbrough failed to object to the way the prosecutor used the evidence during closing argument.  Finally, we are not at liberty to overturn supreme court precedent; we do not otherwise consider Kimbrough’s claim two of his convictions should be combined. 

Case No. 22-0104:  Darryl Tyson v. State of Iowa

Filed Jul 26, 2023

View Opinion No. 22-0104

            Appeal from the Iowa District Court for Linn County, Paul D. Miller and Ian K. Thornhill, Judges.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 pages)

            Darryl Tyson appeals the denial of his second application for postconviction relief, challenging the court’s ruling on his motion for DNA testing.  OPINION HOLDS: Upon our review, we affirm the denial of Tyson’s request for DNA retesting and the dismissal of his second application for postconviction relief.

Case No. 22-0124:  Dianne Cline v. Laverne Lambert

Filed Jul 26, 2023

View Opinion No. 22-0124

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (6 pages)

            Laverne Lambert appeals the district court’s denial of his motion to set aside default judgment.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion to set aside.

Case No. 22-0707:  Joshua Jarrett v. State of Iowa

Filed Jul 26, 2023

View Opinion No. 22-0707

            Appeal from the Iowa District Court for Buchanan County, Laura Parrish, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Joshua Jarrett appeals the district court’s denial of his application for postconviction relief, contending his trial counsel was ineffective in failing to properly “impeach the testimony of the complaining witness.”  OPINION HOLDS: We affirm the court’s denial of Jarrett’s motion for summary disposition on this claim and the denial of his application for postconviction relief.

Case No. 22-0832:  State of Iowa v. Jermaine Gregory Miller

Filed Jul 26, 2023

View Opinion No. 22-0832

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (25 pages)

            Jermaine Miller appeals his convictions—following a bench trial—for first-degree robbery, conspiracy to commit a forcible felony, first-degree theft, going armed with intent, assault while participating in a felony, and assault while displaying a dangerous weapon.  He challenges the sufficiency of the evidence supporting each conviction, argues the court erred in overruling his objection to the admission of his seized clothing as evidence, and claims the court abused its discretion in denying his motion for a new trial “on the ground that he did not receive a fair trial.”  OPINION HOLDS: We affirm Miller’s convictions.

Case No. 22-0855:  In re Detention of Larry Nicklus Dean Howard, Jr.

Filed Jul 26, 2023

View Opinion No. 22-0855

            Appeal from the Iowa District Court for Butler County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Larry Howard appeals from his civil commitment as a sexually violent predator under Iowa Code chapter 229A (2022).  He argues on appeal that the State did not prove he was a sexually violent predator under the chapter, namely being a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality that makes the person likely to engage in predatory acts constituting sexually violent offenses, if not confined in a secure facility.  OPINION HOLDS: On review, we affirm the district court, finding sufficient evidence to support its findings.

Case No. 22-0895:  Richards v. City of West Des Moines

Filed Jul 26, 2023

View Opinion No. 22-0895

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (14 pages)

            A pro se plaintiff, Charles Allen Richards, appeals from a ruling granting summary judgment to municipal police officers, their employing agencies, and their parent municipalities.  OPINION HOLDS: None of Richards’s claims establish reversible error, and we affirm.

Case No. 22-1105:  In re Marriage of Carter

Filed Jul 26, 2023

View Opinion No. 22-1105

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Leslie (Les) Earl Carter appeals the economic provisions of the decree dissolving his marriage to Barbara Ann Carter.  He requests that we either reverse the spousal support award entirely or, in the alternative, substantially reduce it.  Les also contends the district court inequitably divided the value of a home he purchased during the couple’s separation.  OPINION HOLDS: Upon our de novo review, we find the district court’s order is equitable with regard to both spousal support and property distribution.

Case No. 22-1129:  State of Iowa v. Marquis Alonzo Moore

Filed Jul 26, 2023

View Opinion No. 22-1129

            Appeal from the Iowa District Court for Scott County, Michael E. Motto, District Associate Judge.  REVERSED AND REMANDED FOR RESENTENCING.  Heard by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Marquis Moore appeals the sentences imposed after he pleaded guilty to two misdemeanor charges.  He contends that the sentencing court failed to afford him his right to allocution.  Although he waived his right to allocution in his written guilty plea, Moore was present at his sentencing hearing where he was not afforded an opportunity to allocute.  OPINION HOLDS: Because Moore was present at the sentencing hearing, he was entitled to the opportunity to personally exercise his right to allocution.  He was not afforded that opportunity, so we reverse the district court and remand for resentencing.

Case No. 22-1296:  State of Iowa v. Andrew Michael Bonnell

Filed Jul 26, 2023

View Opinion No. 22-1296

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Andrew Bonnell appeals the sentences imposed following his Alford plea to two counts of lascivious acts with a child.  Bonnell claims the court considered improper information from the victim-impact statements.  OPINION HOLDS: There is no clear evidence that the court considered improper information contained in the victim-impact statements.  We presume the district court filtered out the improper information when considering the statements.  Bonnell failed to preserve error on related constitutional claims, which would have failed on the merits even if preserved for our review.

Case No. 22-1488:  State of Iowa v. D'Angelo Lynell Marquis Bowdry

Filed Jul 26, 2023

View Opinion No. 22-1488

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            D’Angelo Bowdry appeals from the sentence imposed after pleading guilty to one count of failure to comply with sex offender registry requirements.  He contends the sentencing court failed to state adequate reasons for the sentence.  OPINION HOLDS: We find the court’s statements about its sentencing decision to be sufficient and affirm the sentence imposed.  

Case No. 22-1527:  State of Iowa v. Luis Manuel Cervantes Pulido

Filed Jul 26, 2023

View Opinion No. 22-1527

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Badding, J.  (4 pages)

            Luis Cervantes Pulido appeals the sentences imposed on his criminal convictions, contending the court improperly relied on “unproven conduct alleged in the State’s minutes of testimony” and failed to mention support letters he submitted in mitigation of sentence.  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed.

Case No. 22-1550:  In re Marriage of Godbolt

Filed Jul 26, 2023

View Opinion No. 22-1550

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (21 pages)

            Elijah Godbolt Jr. appeals the economic provisions in the parties’ dissolution decree.  OPINION HOLDS: We find the district court properly determined Elijah’s earning capacity.  We affirm the court’s amount and duration of his spousal support and Elijah’s child support obligations.  We also find the court properly set out a visitation schedule for the parties.  We affirm the court’s division of marital property.  In addition, we affirm the court’s decision ordering Elijah to pay Heather Godbolt’s trial attorney fees.  We find Heather is entitled to appellate attorney fees and remand to the district court to determine a reasonable award of appellate attorney fees.

Case No. 22-1766:  Ann Marie Waters v. Jordan Creek Town Center, LLC

Filed Jul 26, 2023

View Opinion No. 22-1766

            Appeal from the Iowa District Court for Dallas County, Terry R. Rickers, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (7 pages)

            Ann Waters appeals the district court’s grant of summary judgment in favor of Jordan Creek Town Center, LLC.  She contends questions of material fact remain related to her knowledge of the danger posed by wet floor mats.  OPINION HOLDS: We find the grant of summary judgment was proper.  Accordingly, we affirm. 

Case No. 22-1791:  Aaron J. Connell v. Emily J. Barker

Filed Jul 26, 2023

View Opinion No. 22-1791

            Appeal from the Iowa District Court for Fremont County, Gregory W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J. Special Concurrence by Buller, J. (12 pages)

            Aaron J. Connell appeals, challenging the physical care provisions of the decree entered regarding his child, L.L.C.B.  The decree awarded physical care to the child’s mother, Emily J. Barker, and set forth scheduled visitation for Aaron.  Aaron also argues that if physical care remains with Emily, then we should impute income to Emily for the calculation of child support.  Emily requests that we order Aaron to pay her appellate attorney fees.  OPINION HOLDS: Having reviewed the record, we find the district court’s decision was equitable with respect to placement and child support.  We modify the court’s visitation schedule and decline to award appellate attorney fees. SPECIAL CONCURRENCE ASSERTS: I write separately to express my concern over the difficult position the appellate courts are put in when the district court does not make express credibility findings or explain why it is rejecting what appears to be credible testimony in favor of other evidence.

Case No. 22-1904:  State of Iowa v. James Joseph Petefish Sr.

Filed Jul 26, 2023

View Opinion No. 22-104

            Appeal from the Iowa District Court for Polk County, Coleman McAllister and David M. Porter, Judges.  APPEAL DISMISSED.  Considered by Greer, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (6 pages)

            James Petefish Sr. appeals his guilty plea to four aggravated misdemeanors, contending they were not voluntarily and intelligently entered.  OPINION HOLDS: We dismiss the appeal because Petefish has no right to directly appeal and has not established grounds for discretionary review.

Case No. 22-1918:  In the Interest of E.C., Minor Child

Filed Jul 26, 2023

View Opinion No. 22-1918

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (6 pages)

            A mother appeals the termination of her parental rights to her infant child, claiming termination is contrary to the child’s best interests and she should have been granted additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s rights. 

Case No. 22-1949:  In re Marriage of Burmeister

Filed Jul 26, 2023

View Opinion No. 22-1949

            Appeal from the Iowa District Court for Louisa County, John M. Wright, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Kurt Burmeister appeals the division of property in the decree dissolving his marriage to Carrie Burmeister.  He contests the award of a $107,026 equalization payment to Carrie, challenging the inclusion of his premarital property in the property division and the valuation of the property.  OPINION HOLDS: We find that the trial court’s division of the property was equitable and its valuation was within the range of permissible evidence. On this basis, we affirm the $107,026 equalization payment.  We decline to award Carrie her appellate attorney fees.

Case No. 22-2035:  C.S., on behalf of H.S., a child, Petitioner-Appellee v. J.C.

Filed Jul 26, 2023

View Opinion No. 22-2035

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

            J.C. appeals the imposition of a protective order for relief from sexual abuse entered under Iowa Code chapter 236A (2022).  OPINION HOLDS: I. The district court acted within its discretion in limiting the testimony of the child’s therapist.  II. Substantial evidence supports the district court’s finding that a preponderance of the evidence shows J.C. committed sexual abuse.

Case No. 23-0410:  In the Interest of V.G., Minor Child

Filed Jul 26, 2023

View Opinion No. 23-0410

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (17 pages)

            The State and guardian ad litem appeal a juvenile court order dismissing a child-in-need-of-assistance petition.  OPINION HOLDS: We find the parents were unwilling to provide the necessary medical treatment for the child’s cystic fibrosis.  We reverse the dismissal of the child-in-need-of-assistance petition and remand for further proceedings.

Case No. 23-0498:  In the Interest of L.H., Minor Child

Filed Jul 26, 2023

View Opinion No. 23-0498

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the mother’s parental rights, it would not be in the child’s best interests to grant an extension of time, and none of the exceptions to termination should be applied.  We affirm the termination of the mother’s parental rights.

Case No. 23-0518:  In the Interest of B.W., K.M., and S.M., Minor Children

Filed Jul 26, 2023

View Opinion No. 23-0518

            Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge.  REVERSED ON MOTHER'S APPEAL; AFFIRMED ON FATHER'S APPEAL.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (10 pages)

            The mother of three children, Jessica, contests the grounds for termination, contends ending their legal relationship is not in the children’s best interests, and believes we should preserve her rights because of the closeness of the parent-child relationships.  The oldest child’s father, Gary, also appeals.  He claims that the Iowa Department of Health and Human Services did not make reasonable efforts toward reunification and argues termination of his rights was not in his daughter’s best interests.  OPINION HOLDS: After our independent review of the evidence, we reach different outcomes for each parent.  Because the State did not offer clear and convincing evidence that the children could not be returned to Jessica’s custody, we reverse the order terminating her parental rights.  But we affirm the order terminating Gary’s legal relationship with B.W. because it is not in her best interests to wait for him to address his addiction and criminality.

Case No. 23-0619:  In the Interest of L.K., Minor Child

Filed Jul 26, 2023

View Opinion No. 23-0619

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, L.K.  She contends that the child’s best interests are not served by termination and weigh in favor of a guardianship instead.  OPINION HOLDS: Following our de novo review of the record, we affirm the order terminating the mother’s parental rights.

Case No. 23-0676:  In the Interest of O.H., Minor Child

Filed Jul 26, 2023

View Opinion No. 23-0676

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm, finding termination is in the child’s best interests and the district court did not err in declining to apply a permissive exception.

Case No. 23-0682:  In the Interest of S.G., C.G., G.G., and A.G., Minor Children

Filed Jul 26, 2023

View Opinion No. 23-0682

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A mother appeals the termination of her parental rights to four children.  She challenges the statutory grounds supporting termination, including reasonable efforts; whether termination is in the children’s best interests; and whether a permissive exception to termination should be applied to preclude termination.  OPINION HOLDS: The mother’s reasonable-efforts challenge is not preserved, and the children could not be safely returned to the mother’s custody.  So a statutory ground is satisfied.  Termination is in the children’s best interests, and we decline to apply a permissive exception to preclude termination.

Case No. 23-0730:  In the Interest of V.H., Minor Child

Filed Jul 26, 2023

View Opinion No. 23-0730

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

            Danielle appeals the termination of her parental rights to her one-year-old daughter.  She contends the State failed to prove a ground for termination or that termination was in her daughter’s best interest.  She also urges us to apply an exception to preclude termination.  OPINION HOLDS: Because we find the State met its burden and that no exception applies, we affirm.

Case No. 23-0756:  In the Interest of J.H., J.S., and J.S., Minor Children

Filed Jul 26, 2023

View Opinion No. 23-0756

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            A mother and father separately appeal the termination of their respective parental rights.  Both challenge the statutory grounds authorizing termination, claim termination is not in the children’s best interests, and seek application of a permissive exception to termination.  The mother also requests additional time to work toward reunification.  OPINION HOLDS: The State established statutory grounds authorizing termination of both parents’ rights.  Termination is in the children’s best interests with respect to both parents.  We decline to apply a permissive exception to preclude termination of either parents’ rights.  We do not grant the mother any additional time to work toward reunification.

Case No. 23-0790:  In the Interest of A.T., S.B., and A.W., Minor Children

Filed Jul 26, 2023

View Opinion No. 23-0790

            Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            The mother, who pled guilty to sexually exploiting and producing child pornography of one of her children, appeals the contested termination of her rights to two of the three children.  She does not contest termination of her rights to the third child.  OPINION HOLDS: We affirm, finding the mother leaves at least one statutory ground unchallenged for each child on appeal, termination is in the best interests of the children, and no permissive exceptions apply.

Case No. 23-0829:  In the Interest of T.M., T.W., M.W., and A.W., Minor Children

Filed Jul 26, 2023

View Opinion No. 23-0829

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

            The mother appeals a permanency ruling denying her request for an extension of time for reunification.  She also contests the juvenile court’s grant of concurrent jurisdiction to the district court for custody determinations.  OPINION HOLDS: We find the extension of time was unwarranted, and the mother failed to preserve error on her challenge to concurrent jurisdiction.  So we affirm. 

Case No. 23-0882:  In the Interest of C.M., Z.M., and B.M., Minor Children

Filed Jul 26, 2023

View Opinion No. 23-0886

            Appeal from the Iowa District Court for Delaware County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (6 pages)

            A father, C.M., appeals the termination of his parental rights, arguing the juvenile court should have granted him a six-month extension or utilized the permissive exception found in Iowa Code section 232.116(3)(c) (2023) due to the bond between he and the children.  OPINION HOLDS: Because a six-month extension would not be appropriate and the strength of the bond between the father and the children does not outweigh the need for termination, we affirm.

Case No. 23-0886:  In the Interest of K.C.-P. and L.P., Minor Children

Filed Jul 26, 2023

View Opinion No. 23-0886

            Appeal from the Iowa District Court for Linn County, Cynthia Finley, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the termination of her parental rights to two children.  She argues that termination of her parental rights is not in the children’s best interests and an extension of time for reunification efforts should be granted.  Alternatively, the mother asserts a guardianship should be established with the maternal grandfather.  OPINION HOLDS: We determine termination is in the children’s best interests, an extension of time is not warranted, and termination of the mother’s parental rights, rather than a guardianship. is the appropriate permanency option.  Accordingly, we affirm.

Case No. 23-0936:  In the Interest of E.B., Minor Child

Filed Jul 26, 2023

View Opinion No. 23-0936

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (6 pages)

            The juvenile court terminated the mother’s parental rights to E.B., born in 2022, under Iowa Code section 232.116(1)(e), (h), and (l) (2023).  The mother appeals, arguing the grounds for termination were not proved or, alternatively, that she should get six more months to work toward reunification.  OPINION HOLDS: The child could not be returned to the mother in Texas, where she was living at the time of the termination trial, and we will not gamble on E.B.’s future by delaying permanency six months.  We affirm.    

Case No. 21-0821:  First Iowa State Bank v. Klodt

Filed Jul 13, 2023

View Opinion No. 21-0821

            Appeal from the Iowa District Court for Van Buren County, Shawn Showers, Judge.  AFFIRMED ON APPEAL; APPEAL DISMISSED ON CROSS-APPEAL. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Gail Klodt appeals the district court’s grant of summary judgment in favor of First Iowa State Bank (the Bank).  She argues the court erred in dismissing her counterclaims filed against the Bank in its foreclosure action against Gail and her former husband Bradley Klodt.  The Bank filed a cross-appeal against third-party defendant and former Bank employee, Joel Shumate.  OPINION HOLDS: We find no error at law in the district court’s dismissal of Gail’s counterclaims for fraudulent misrepresentation, fraudulent nondisclosure, or breach of contract.  With this result, we need not reach the Bank’s cross-appeal regarding the reinstatement of its action against Shumate.  We therefore affirm the district court’s order regarding Gail’s counterclaims and dismiss the Bank’s cross-appeal.

Case No. 21-1250:  Gabriel Luis Vasquez v. State of Iowa

Filed Jul 13, 2023

View Opinion No. 21-1250

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Gabriel Luis Vasquez appeals the summary dismissal of his second application for postconviction relief (PCR) challenging his 2009 convictions for sexual abuse, contending his application was not time-barred.  OPINION HOLDS: The district court did not err in finding Vasquez’s second PCR application was not promptly filed after the conclusion of his first and thus was time-barred.

Case No. 21-1672:  In re the Marriage of Sommervile

Filed Jul 13, 2023

View Opinion No. 21-1672

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  Partial Dissent by Schumacher, P.J.  (18 pages)

            Tara Sommerville and Jamie Sommerville appeal economic provisions of the decree dissolving their marriage.  OPINION HOLDS: I. Jamie’s income is best determined by averaging his earnings, which amounts to $142,763 per year.  We remand to the district court to calculate the amount of child support based on Jamie earning this amount.  Based on Tara’s need and Jamie’s ability to pay, we modify the decree to award Tara $1800 per month in spousal support, terminating at the death of either party.  II. Because Jamie’s failure to file tax returns and pay income tax was not dissipation of marital assets, we affirm, we affirm the decree’s treatment of the outstanding tax liability as a joint marital debt to be divided between the parties.  III. We affirm the district court’s division of the property. PARTIAL DISSENT ASSERTS: I concur in the majority opinion regarding the issues of dissipation of marital assets, the property division provisions of the decree, and the remand to the district court for child support recalculation.  And I concur in the majority’s calculation of the amount of Jamie’s income for child support and alimony purposes using the historical data contained in the parties’ tax returns.  I respectfully depart ways from the majority opinion only in regard to the amount of traditional spousal support ordered to be paid by Jamie, finding such too great given the relative incomes of the parties, the existing marital debt, and relative tax consequences.

Case No. 21-1864:  Carlos Rafael Navarrette v. State of Iowa

Filed Jul 13, 2023

View Opinion No. 21-1864

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            Carlos Navarrette appeals the denial of his post-conviction relief application.  He claims his trial counsel was ineffective in failing to investigate the possibility of certain defenses and obtain an expert witness.  OPINION HOLDS: We find Navarrette’s trial counsel did not breach an essential duty.  As such, we affirm. 

Case No. 21-1865:  Sean Michael Hilliard v. State of Iowa

Filed Jul 13, 2023

View Opinion No. 21-1865

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            Sean Hilliard appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because he failed to establish the requisite prejudice by a preponderance of the evidence, we affirm.

Case No. 22-0159:  Duane Luverne Yates v. State of Iowa

Filed Jul 13, 2023

View Opinion No. 22-0159

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Carr, S.J.  Tabor, J., takes no part.  Opinion by Carr, S.J.  (8 pages)

            Duane Yates appeals the district court’s ruling that his current application for postconviction relief (PCR) is untimely.  OPINION HOLDS: Yates claims a new three-year time period for filing PCR actions began when he was resentenced.  We determine the three-year statute of limitations in Iowa Code section 822.3 (2004) did not begin anew when Yates was resentenced in 2015.  We affirm the decision of the district court.

Case No. 22-0355:  Carter v. Carter

Filed Jul 13, 2023

View Opinion No. 22-0355

            Appeal from the Iowa District Court for Marion County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

            Jason Carter appeals the order granting summary judgment and dismissing an equitable action to vacate the final judgment entered in a separate action.  OPINION HOLDS: I. The district court properly exercised its discretion in denying Jason’s motion to conduct limited discovery.  II. Jason failed to prove the defendants obtained the judgment in the wrongful-death action by extrinsic fraud.  He is either collaterally estopped from relitigating his claim of newly discovered evidence, or it fails on the merits for the reasons stated in Carter v. Carter, 957 N.W.2d 623, 646 (Iowa 2021).  We therefore affirm the grant of summary judgment.

Case No. 22-0397:  State of Iowa v. Lawrence George Canady, III

Filed Jul 13, 2023

View Opinion No. 22-0397

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (17 pages)

            A jury convicted Lawrence Canady III of voluntary manslaughter, willful injury causing bodily injury, and assault causing bodily injury.  Canady challenges some of the district court’s evidentiary ruling and argues there is insufficient evidence to support his conviction for voluntary manslaughter.  Canady also challenges his sentences.  OPINION HOLDS: Because the district court abused its discretion in admitting the rap video and the Snapchat picture, we reverse Canady’s convictions.  As substantial evidence supports Canady’s conviction for voluntary manslaughter, he can be retried on that, as well as willful injury causing bodily injury and assault causing bodily injury.  Because we reverse Canady’s convictions, we do not reach his sentencing challenge. 

Case No. 22-0629:  State of Iowa v. Shannah Rae Bankson

Filed Jul 13, 2023

View Opinion No. 22-0629

            Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (5 pages)

            Shannah Bankson appeals the denial of her motion to suppress and subsequent conviction.  OPINION HOLDS: Because Bankson consented to the search without limitation, we affirm the denial of Bankson’s motion to suppress and her conviction. 

Case No. 22-0823:  State of Iowa v. Cassidy Christopher Young

Filed Jul 13, 2023

View Opinion No. 22-0823

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (12 pages)

            Cassidy Young appeals following his Alford pleas to two counts of lascivious acts with a child.  Young asserts the post-plea competency assessment and the presentencing investigation, neither of which was conducted in-person, deprived him of due process.  He also contends the court erred in denying his motion in arrest of judgment based on newly discovered evidence.  OPINION HOLDS: Even assuming Young has good cause to appeal, his contentions lack merit.  So, we affirm.

Case No. 22-0850:  Kammeyer v. Cedar Valley Podiatry PC

Filed Jul 13, 2023

View Opinion No. 22-0850

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            A plaintiff appeals following a defense verdict in his medical negligence suit, claiming the court erred in (1) allowing expert testimony on the standard of care by the defendant doctor absent expert certification and disclosure under Iowa Code section 668.11 (2020) and Iowa Rule of Civil Procedure 1.500(2); and (2) instructing the jury on alternative medical treatments when those were not at issue.  OPINION HOLDS: Finding no evidentiary or instructional error, we affirm. 

Case No. 22-0881:  State of Iowa v. Marqueis Letrell Lewis Sr

Filed Jul 13, 2023

View Opinion No. 22-0881

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Marqueis Lewis Jr. appeals his conviction for assault causing bodily injury.  OPINION HOLDS: In light of the district court’s credibility and factual findings, we affirm.

Case No. 22-0903:  State of Iowa v. Kadin Jeffrey Miller

Filed Jul 13, 2023

View Opinion No. 22-0903

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (13 pages)

            Kadin Miller appeals the district court’s finding his harassing conduct was sexually motivated and his sentence for harassment and operating while intoxicated.  OPINION HOLDS: We affirm the district court’s finding of sexual motivation and the sentences imposed.

Case No. 22-0913:  Brandon Daniel Ruiz v. State of Iowa

Filed Jul 13, 2023

View Opinion No. 22-0913

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Brandon Ruiz appeals the denial of his application for postconviction relief citing ineffective assistance of counsel.  OPINION HOLDS: Because Ruiz failed to preserve error, we affirm.

Case No. 22-0935:  Randy Scott Meyers v. State of Iowa

Filed Jul 13, 2023

View Opinion No. 22-0935

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Randy Meyers appeals the denial of his application for postconviction relief (PCR).  He alleges his trial and appellate counsel provided ineffective assistance by failing to ensure the State complied with the statute of limitations for two of the four offenses with which he was charged.  OPINION HOLDS: We find Meyers cannot prove his counsel breached an essential duty by opting not to object to the amended trial information.  Therefore, we affirm the district court’s denial of his application.

Case No. 22-1012:  Beth M. Avery v. Iowa Department of Human Services, State of Iowa, and Michael McInroy

Filed Jul 13, 2023

View Opinion No. 22-1012

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Heard en banc, but decided by Bower, C.J., and Tabor, Greer, Schumacher, Ahlers, Badding, Chicchelly, and Buller, JJ.  Opinion by Bower, C.J.  (9 pages)

            Beth Avery appeals the district court’s grant of summary judgment to the Iowa Department of Human Services and Michael McInroy on her claims of sex and sexual-orientation discrimination following her 2016 termination from employment.  OPINION HOLDS: On our review of the summary judgment record, we find no error of law or reason to modify the district court’s ruling.  We therefore affirm.

Case No. 22-1056:  State of Iowa v. Jesse Dean Helt

Filed Jul 13, 2023

View Opinion No. 22-1056

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.*  Opinion by Badding, J.  (4 pages)

            Jesse Helt appeals his conviction for assault while displaying a dangerous weapon, contending the evidence was insufficient to show the knife he brandished was a dangerous weapon.  OPINION HOLDS: Finding the verdict is supported by substantial evidence, we affirm.

Case No. 22-1127:  State of Iowa v. Kevin Ray Bergman

Filed Jul 13, 2023

View Opinion No. 22-1127

            Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (11 pages)

            Kevin Bergman, after a confrontation in his neighbor’s yard, shot his neighbor in the leg.  He now appeals his convictions for willful injury causing bodily injury and going armed with intent, arguing he was justified in his actions, the offense of going armed with intent is unconstitutional on its face, and the court abused its discretion in limiting his wife’s testimony.  OPINION HOLDS: We do not address Bergman’s constitutional claim because it is based on a statute that was not yet in effect at the time of the offense.  There is substantial evidence of specific intent supporting Bergman’s convictions, and the court did not abuse its discretion in limiting his wife’s testimony to the year before the shooting.  We affirm.

Case No. 22-1128:  State of Iowa v. Marquis Alonzo Moore

Filed Jul 13, 2023

View Opinion No. 22-1128

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Mullins, S.J.  Opinion by Badding, J.  (4 pages)

Marquis Moore appeals the sentence imposed on his criminal conviction, arguing the district court’s decision to impose a suspended sentence rather than grant his request for a deferred judgment was an abuse of discretion.  OPINION HOLDS: Finding no abuse of discretion on the issue presented for our review in this appeal, we affirm. 

Case No. 22-1147:  In re Marriage of Rigdon

Filed Jul 13, 2023

View Opinion No. 22-1147

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (13 pages)

            Benjamin Rigdon appeals modification of the physical care provisions of the decree dissolving his marriage to Alicia Rigdon.  OPINION HOLDS: We affirm the district court’s modification, concluding that Alicia’s relocation was a sufficient change in circumstances and joint physical care is in this child’s best interests.  We do not consider Ben’s child support claims, deny each party’s request for attorney fees, and tax costs to Ben.

Case No. 22-1158:  Midwest Soya International, Inc. v. Jeffrey Alan Leerar

Filed Jul 13, 2023

View Opinion No. 22-1158

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Midwest Soya International, Inc. (MSI) appeals from the district court’s ruling dismissing its breach-of-contract claim against Jeffrey Leerar.  OPINION HOLDS: We find an enforceable contract, but MSI failed to live up to its obligations under the implied delivery term of the agreement, excusing any alleged breach by Leerar.  We decline to address Leerar’s affirmative defenses.    

Case No. 22-1172:  In re Marriage of Iverson

Filed Jul 13, 2023

View Opinion No. 22-1172

            Appeal from the Iowa District Court for Emmet County, John M. Sandy, Judge.  AFFIRMED AS MODIFIED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Steven Iverson appeals the modification of the child-visitation provisions of the decree dissolving his marriage to Dorothy Iverson (now Stith).  He claims the district court improperly modified legal custody sua sponte, should have ordered the child to maintain a personal electronic device with a specific communication app, and modified visitation in a manner not consistent with the child’s best interests.  Dorothy requests appellate attorney fees.  OPINION HOLDS: The district court did not modify legal custody.  The modified degree provided for the child’s ability to freely communicate with both parents, so it was unnecessary to include a specific provision regarding the child maintaining a personal electronic device.  The modified visitation schedule established by the district court serves the child’s best interests.  However, a provision regarding summer visitation is internally inconsistent, so we modify that provision to resolve the inconsistency.  We decline to award appellate attorney fees.

Case No. 22-1303:  Anthony James Hollen v. State of Iowa

Filed Jul 13, 2023

View Opinion No. 22-1303

            Appeal from the Iowa District Court for Linn County, Lars Anderson and Mitchell Turner, Judges.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J.  Opinion by Schumacher, P.J.  (4 pages)

            Hollen appeals the denial of his postconviction-relief application.  He contends his claim of ineffective assistance of counsel is timely as it is premised on a new ground of fact.  OPINION HOLDS:  We find Hollen’s claim is untimely pursuant to Iowa Code section 822.3 (2018).  We affirm. 

Case No. 22-1342:  Concerned Citizens v. City of West Des Moines

Filed Jul 13, 2023

View Opinion No. 22-1342

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            Concerned Citizens for Grand Avenue Development appeal the dismissal of their mandamus petition.  OPINION HOLDS: We affirm, finding that a writ of certiorari was an adequate and available remedy and mandamus was therefore unavailable.

Case No. 22-1407:  State of Iowa v. Christopher Ryan Brekke

Filed Jul 13, 2023

View Opinion No. 22-1407

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Christopher Brekke appeals his sentence following a guilty plea.  OPINION HOLDS: Brekke did not preserve his claim that his plea was unknowing because he never filed a motion in arrest of judgment and was adequately advised of his obligation to do so.  The State did not breach the plea agreement when making its sentencing recommendation.

Case No. 22-1462:  State of Iowa v. Brock McRey Burgdorf

Filed Jul 13, 2023

View Opinion No. 22-1462

            Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTION.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (5 pages)

            Brock Burgdorf appeals the sentence imposed following his guilty pleas, contending the court abused its sentencing discretion in imprisoning him and imposed an illegal sentence when it imposed a suspended fine on each habitual offender conviction.  OPINION HOLDS: We vacate the imposition of fines and otherwise affirm.  We remand for entry of a corrected sentencing order.

Case No. 22-1502:  State of Iowa v. Jason Edward Trotter

Filed Jul 13, 2023

View Opinion No. 22-1502

            Appeal from the Iowa District Court for Greene County, Derek J. Johnson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (4 pages)

            Jason Edward Trotter appeals his sentences for criminal mischief in the first degree, theft in the second degree, and possession of methamphetamine, third or subsequent offense.  OPINION HOLDS: Finding the court did not abuse its discretion, we affirm.

Case No. 22-1591:  In re the Marriage of Sherwood

Filed Jul 13, 2023

View Opinion No. 22-1591

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Robert Sherwood appeals the district court’s order requiring him to pay temporary spousal support to Laura Sherwood during their marriage dissolution proceedings.  Laura defends the support and requests appellate attorney fees.  OPINION HOLDS: Because we find the district court’s award of temporary spousal support equitable, we affirm.  We also agree that Laura is entitled to appellate attorney fees and remand for the district court to determine a reasonable amount.

Case No. 22-1637:  State of Iowa v. Dmitriy Aexandrovi Zenchenko

Filed Jul 13, 2023

View Opinion No. 22-1637

            Appeal from the Iowa District Court for Pottawattamie County, Scott D. Strait, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Dmitriy Zenchenko appeals his conviction of operating a motor vehicle while intoxicated.  He challenges the sufficiency of the evidence.  OPINION HOLDS: Zenchenko’s conviction is supported by sufficient evidence.

Case No. 22-1774:  State of Iowa v. David Joseph Hanson, Jr.

Filed Jul 13, 2023

View Opinion No. 22-1774

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J. (9 pages)

            David Hanson Jr. appeals the sentence imposed upon his criminal conviction, claiming the court “abused its discretion by considering only the nature of the offense.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentence imposed.

Case No. 22-1977:  Sandhu Group of Companies, Inc v. Blackbird Investments, LLC

Filed Jul 13, 2023

View Opinion No. 22-1977

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Doyle, S.J.*  Opinion by Ahlers, P.J.  Gamble, S.J., takes no part. (8 pages)

            Blackbird Investments, LLC (Blackbird) appeals following a determination that it breached a contract.  OPINION HOLDS: The district court did not abuse its discretion when it denied Blackbird’s untimely motion to amend to add counter-claims.  Blackbird breached the contract by failing to make a contractually-required payment.

Case No. 22-2108:  Kossi M. Eviglo v. Amon Adjo Anne Bedia

Filed Jul 13, 2023

View Opinion No. 22-2108

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Mullins, S.J.  Opinion by Buller, J.  (8 pages)

            Amon Bedia appeals an order granting physical care of three shared children to Kossi Eviglo.  OPINION HOLDS: We find the record evidence supports the district court granting physical care to Kossi and affirm.  We also deny Kossi’s request for appellate attorney fees.

Case No. 23-0096:  In the Interest of N.J., N.T., and N.T., Minor Children

Filed Jul 13, 2023

View Opinion No. 23-0096

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State proved a statutory ground for termination, the parent-child bond does not preclude termination, providing the mother with additional time for reunification was not appropriate, the State provided reasonable efforts toward reunification, and termination does not violate the mother’s due process rights.

Case No. 23-0136:  In re Marriage of Weltz

Filed Jul 13, 2023

View Opinion No. 23-0136

            Appeal from the Iowa District Court for Hardin County, John J. Haney, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Brian Weltz appeals the physical care and spousal support provisions of the parties’ dissolution decree.  OPINION HOLDS: We affirm the district court’s award of physical care of the parties’ two children to Chelsey Weltz.  We also affirm the provision that requires Brian to pay spousal support of $1000 per month for thirty-six months.  We determine Chelsey is entitled to appellate attorney fees of $5650.

Case No. 23-0450:  In the Interest of D.G., Minor Child

Filed Jul 13, 2023

View Opinion No. 23-0450

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (8 pages)

            A mother appeals the termination of her parental rights to a child.  She contends the juvenile court erred in denying her request for a six-month extension; that termination was not in the child’s best interests; and that the court should have applied the permissive exception for a close parent-child relationship.  OPINION HOLDS: Despite showing promise at other points in the child-welfare proceedings and receiving three previous extensions, the mother’s progress stalled, and an extension of time was not warranted.  It was in the child’s best interests to terminate her rights, and the mother did not prove the permissive exception should be applied.  So we affirm. 

Case No. 23-0527:  In the Interest of S.H., L.H., A.H., and P.H., Minor Children

Filed Jul 13, 2023

View Opinion No. 23-0527

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (5 pages)

            A mother appeals the termination of her parental rights to four of her children.  She contends the State failed to meet its burden in proving the children could not be returned to her care, and that termination of her parental rights was in the children’s best interests.  She also argues the juvenile court erred in declining to grant her a six-month extension or place the children in a guardianship.  OPINION HOLDS: Because we find the State met its burden and the juvenile court did not err, we affirm.

Case No. 23-0604:  In the Interest of C.M., Minor Child

Filed Jul 13, 2023

View Opinion No. 23-0604

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

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: We do not rule on the father’s claim about the denial of his motion to continue the termination hearing as the record does not show the motion or the ruling on it.  Because the State proved the grounds for termination under Iowa Code section 232.116(1)(f) (2022) and termination is in the child’s best interest, we affirm.

Case No. 23-0618:  In the Interest of M.M., J.M., and P.F., Minor Children

Filed Jul 13, 2023

View Opinion No. 23-0618

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  I. The mother would not be able to reunite with her children at the end of another six-month extension.  II. Termination is in the best interests of the children.  III. The mother has not proven the application of a permissive exception is warranted by clear and convincing evidence.  IV. The mother’s challenge to the services offered provides no basis for relief.

Case No. 23-0668:  In the Interest of H.B. and A.A., Minor Children

Filed Jul 13, 2023

View Opinion No. 23-0668

            Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            A mother appeals a juvenile court order adjudicating her two children in need of assistance under Iowa Code section 232.96A(16) (2022).  OPINION HOLDS: The record contains sufficient proof to support the ground for adjudication.  We affirm the juvenile court’s ruling.

Case No. 23-0693:  In the Interest of K.S.-R., H.A., and T.A., Minor Children

Filed Jul 13, 2023

View Opinion No. 23-0693

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

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

Case No. 23-0701:  In the Interest of J.S., P.S., and S.S., Minor Children

Filed Jul 13, 2023

View Opinion No. 23-0701

            Appeal from the Iowa District Court for Cherokee County, Andrew J. Smith, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (22 pages)

            The mother and father separately appeal the termination of their parental rights to P.S. (born in 2014), J.S. (born in 2020), and S.S. (born in in 2022).  Both parents argue the juvenile court should have granted their motions to bifurcate the permanency and termination hearing as it relates to S.S.  Additionally, they both challenge the statutory grounds for termination, whether the loss of their rights is in the children’s best interests, and if the strength of the parent-child bond precludes termination.  The father also claims the juvenile court lacked temporary emergency jurisdiction to enter the initial removal order for S.S., the Iowa Department of Health and Human Services failed to meet its reasonable-efforts mandate, and he should have been given additional time to work toward reunification with the children.  OPINION HOLDS: We affirm the termination of the mother’s and the father’s parental rights to all three children. 

Case No. 23-0712:  In the Interest of R.B., Minor Child

Filed Jul 13, 2023

View Opinion No. 23-0712

            Appeal from the Iowa District Court for Union County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS:  We affirm, finding that the child’s best interests support termination and that the juvenile court did not err in declining to apply a permissive exception.

Case No. 23-0735:  In the Interest of Z.H., Minor Child

Filed Jul 13, 2023

View Opinion No. 23-0735

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  She asserts termination of her parental rights is not in the child’s best interests and the juvenile court should have granted her an additional six months to seek reunification.  OPINION HOLDS: We agree with the juvenile court that additional time is not warranted.  This young child is in need of permanency, and the mother is in no position to provide that permanency now or in the near future.  We affirm.

Case No. 23-0783:  In the Interest of Y.R., Minor Child

Filed Jul 13, 2023

View Opinion No. 23-0783

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

            The mother appeals the termination of her parental rights to Y.R. pursuant to Iowa Code section 232.116(1)(h) (2022).  She contends the Iowa Department of Health and Human Services (HHS) did not make reasonable efforts at reunification appropriate to her mental-health needs, which precludes termination of her parental rights.  OPINION HOLDS: We conclude HHS offered reasonable services designed to address the concerns that resulted in the removal of the child and termination of parental rights is in the child’s best interests.  Thus, we affirm. 

Case No. 23-0814:  In the Interest of O.F. and G.F., Minor Children

Filed Jul 13, 2023

View Opinion No. 23-0814

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  REVERSED IN PART ON BOTH APPEALS.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            O.F. (born in 2020) and G.F. (born in 2022) were removed from their parents’ care in July 2022 after G.F. presented at the emergency room with serious injuries that neither parent could adequately explain.  In the May 2023 dispositional order, the juvenile court ordered the children to remain in the custody of the Iowa Department of Health and Human Services.  No party challenges this ruling.  The court also ruled “that the best interests of the children require that a transition should begin while under the supervision of the juvenile court.”  The transition, as outlined by the court, allowed the mother semi-supervised visits with the children and allowed her to supervise the father’s contact with the children.  Both the State and the children, through their attorney and guardian ad litem (GAL), challenge this portion of the dispositional order.  OPINION HOLDS: Without more than the juvenile court’s belief that services must be working, we cannot conclude that the transition in visitation laid out by the juvenile court is in the children’s best interests.  We reverse the juvenile court’s dispositional ruling to the extent it orders visitation to transition to semi-supervised.  Visitation is to remain at the discretion of the department in consultation with the GAL.

Case No. 23-0832:  In the Interest of P.M., Minor Child

Filed Jul 13, 2023

View Opinion No. 23-0832

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            Parents separately appeal the termination of their parental rights to their infant child.  The father argues he should have been granted additional time to work toward reunification, while the mother argues termination of her rights was not in the child’s best interests.  OPINION HOLDS: We affirm on both appeals.

Case No. 23-0890:  In the Interest of N.R., Minor Child

Filed Jul 13, 2023

View Opinion No. 23-0890

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

            A mother appeals the termination of her parental rights to a child.  OPINION HOLDS: Clear and convincing evidence shows the child could not be safely returned to the mother’s care at the time of the termination hearing as required to terminate her parental rights under Iowa Code section 232.116(1)(h) (2023).  Because termination is in the child’s best interests and the mother failed to prove termination of her parental rights would harm the child, we affirm.

Case No. 21-0725:  Terrell Onterial Lobley v. State of Iowa

Filed Jun 21, 2023

View Opinion No. 21-0725

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Terrell Lobley appeals the denial of his application for postconviction relief following his 2007 convictions for second-degree murder and intimidation with a dangerous weapon, contending his trial attorney was ineffective.  OPINION HOLDS: We affirm the denial of Lobley’s postconviction-relief application.

Case No. 21-1852:  The Timely Mission Nursing Home d/b/a Timely Mission Nursing Home and Timely Mission v. Kathy L. Arends and Patti J. Fiderlick, Individually and as Co-Executors of the Estate of Darlene Weaver

Filed Jun 21, 2023

View Opinion No. 21-1852

            Appeal from the Iowa District Court for Winnebago County, James M. Drew, Judge.  REVERSED AND REMANDED.  Heard en banc.  Opinion by Greer, J.  (26 pages)

            Timely Mission Nursing Home appeals the district court’s admission of certain evidence as well as jury instructions.  OPINION HOLDS: Because prejudicial, inadmissible evidence was allowed into evidence, we reverse and remand for a new trial.

Case No. 21-1985:  Trent Allen Williams v. State of Iowa

Filed Jun 21, 2023

View Opinion No. 21-1985

              Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (14 pages)

              Trent Williams appeals the district court’s denial of his request for postconviction relief (PCR) from his convictions for failure to register as a sex offender and assault on a peace officer.  He claims he received ineffective assistance because defense counsel allowed him to plead guilty when there were questions about his competency.  He also claims he received ineffective assistance from PCR counsel.  OPINION HOLDS: We affirm the district court’s decision finding Williams has not shown he received ineffective assistance at the time of his guilty pleas.  In addition, he has not shown he received ineffective assistance from PCR counsel.

Case No. 22-0387:  State of Iowa v. Ceagan Alexander Janssens

Filed Jun 21, 2023

View Opinion No. 22-0387

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

            Ceagan Janssens appeals the sentence imposed upon his conviction for attempted murder committed when he was a juvenile. OPINION HOLDS: We find no abuse of discretion in the sentence that was imposed and affirm.

Case No. 22-0431:  Michael Allen Cason Jr. v. State of Iowa

Filed Jun 21, 2023

View Opinion No. 22-0431

              Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

              Michael Cason Jr. appeals the denial of his application for postconviction relief (PCR), following his 2017 conviction for first-degree murder.  He argues the district court should have granted his application because he received ineffective assistance from trial counsel in a number of ways.  OPINION HOLDS: Cason did not establish any of his claims of ineffective assistance of trial counsel; we affirm the denial of his PCR application.

Case No. 22-0477:  State of Iowa v. Leslie James Clark

Filed Jun 21, 2023

View Opinion No. 22-0477

              Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (5 pages)

              Leslie Clark appeals his sentence following a guilty plea and the revocation of his probation.  OPINION HOLDS: Finding no abuse of the sentencing court’s discretion, we affirm.

Case No. 22-0636:  Drew Wilshire-Gerdes and W.A.W.G., a minor, as his next friend v. Michael Shawn Frances and Cheri Francis

Filed Jun 21, 2023

View Opinion No. 22-0636

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Potterfield, S.J.  Opinion by Chicchelly, P.J.  (3 pages)

            Drew Wilshire-Gerdes appeals the district court’s dismissal of his petition for a domestic-abuse protective order filed on behalf of his minor son, W.A.W.G.  Wilshire-Gerdes alleges the district court erred by failing to transfer the matter to the “proper proceedings” or “proper docket” under Iowa Code section 611.7 (2022).  OPINION HOLDS: Wilshire-Gerdes does not identify what he believes the “proper proceedings” or “proper docket” are for his petition, and we will not undertake research and advocacy on his behalf.  Moreover, section 611.7 pertains to transferring dockets between cases tried at law or in equity.  We find no errors at law and affirm the district court’s order.

Case No. 22-0661:  State of Iowa v. Ao Pai Oo

Filed Jun 21, 2023

View Opinion No. 22-0661

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (7 pages)

            A defendant appeals the sentence imposed following revocation of a deferred judgment for probation violations.  OPINION HOLDS: We affirm the sentence imposed.

Case No. 22-0686:  In re Marriage of Frazier

Filed Jun 21, 2023

View Opinion No. 22-0686

            Appeal from the Iowa District Court for Clinton County, John Telleen, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  Dissent by Schumacher, J.  (12 pages)

            Mary Streicher appeals the denial of her application for vaccination determination, in which she asked the district court to determine whether to vaccinate her two children following an impasse with her former husband, Shannon Frazier.  OPINION HOLDS:  Applications for determination of issues undecided by the original dissolution or custody proceeding are an appropriate and necessary vehicle to invoke the court’s tie-breaking authority.  Mary properly invoked this authority.  Therefore, we reverse and remand with instructions that the district court hear Mary’s application on the merits and make a determination consistent with the children’s best interests. DISSENT ASSERTS: I respectfully dissent from the majority opinion that holds a petition for modification was not required when the parents could not agree on a medical decision concerning the children after the entry of an original dissolution decree which granted the parties joint legal custody of their children.

Case No. 22-0708:  State of Iowa v. Tyshaun Damiraey McKinney

Filed Jun 21, 2023

View Opinion No. 22-0708

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            Tyshaun McKinney appeals his sentences for theft in the first degree and going armed with intent, asserting the district court violated his constitutional rights by relying on the contents of a sealed evaluation prepared for a reverse waiver hearing.  OPINION HOLDS: We find McKinney failed to preserve error on his claims and affirm.

Case No. 22-0714:  State of Iowa v. JazMond Deantra Turner

Filed Jun 21, 2023

View Opinion No. 22-0714

              Appeal from the Iowa District Court for Scott County, Mark Fowler, Henry W. Latham II, and Meghan Corbin, Judges.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

              JazMond Turner appeals his convictions on two counts of third-degree sexual abuse, claiming his right to a speedy trial was violated.  OPINION HOLDS: Although the record before us on appeal is incomplete, it is sufficient to show good cause existed to extend trial beyond the speedy-trial deadline when the court granted the State’s request for a continuance.  But because the trial court never ruled on Turner’s claim that the length of the delay between the deadline and trial violated his right to a speedy trial, that error is not preserved for our review.

Case No. 22-0748:  State of Iowa v. Jeremiah Ray Janes

Filed Jun 21, 2023

View Opinion No. 22-0748

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer, Schumacher, Ahlers, and Badding, JJ.  Opinion by Tabor, P.J.  (12 pages)

            Jeremiah Janes appeals his conviction for possession of methamphetamine with intent to deliver after the police arrested him and found the substance in his pocket.  He contends the police officer’s detection of a marijuana odor in the hotel parking lot where he was standing did not provide reasonable suspicion to seize him.  OPINION HOLDS: We find, even if the seizure were unreasonable, Janes could not lawfully resist his arrest.  That resistance gave an independent basis to search, resulting in the discovery of the methamphetamine.  So we affirm. 

Case No. 22-1023:  State of Iowa v. Kalandis Rashird McNeil

Filed Jun 21, 2023

View Opinion No. 22-1023

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            Kalandis McNeil appeals his conviction for second-degree robbery as an habitual offender, challenging the sufficiency of the evidence to support the jury’s verdict.  McNeil also challenges the sentence imposed by the district court.  OPINION HOLDS: Upon our review, we affirm.

Case No. 22-1069:  State of Iowa v. Kristle Cay Curtis

Filed Jun 21, 2023

View Opinion No. 22-1069

              Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (10 pages)

              Kristle Curtis appeals her conviction, arguing unfairly prejudicial evidence was wrongly admitted.  OPINION HOLDS: Because Curtis failed to preserve error on the admissibility of the evidence she challenges, we affirm.

Case No. 22-1081:  State of Iowa v. Andrew James Richardson

Filed Jun 21, 2023

View Opinion No. 22-1081

            Appeal from the Iowa District Court for Monroe County, Gregory G. Milani, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J. (4 pages)

            Andrew Richardson appeals the district court’s denial of his motions to suppress evidence, arguing the warrantless seizure of his cell phone violated his constitutional rights. OPINION HOLDS: We affirm the district court’s denial of the suppression motion and Richardson’s conviction, judgment, and sentence.

Case No. 22-1160:  State of Iowa v. Antrell Marlin Roberts Jackson

Filed Jun 21, 2023

View Opinion No. 22-1160

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (2 pages)

            Antrell Jackson appeals his sentences following a guilty plea arguing he should have been sentenced to unsupervised probation instead of supervised probation.  OPINION HOLDS: The district court did not abuse its discretion by sentencing Jackson to supervised probation.

Case No. 22-1272:  Roman Jacob Moncivaiz v. State of Iowa

Filed Jun 21, 2023

View Opinion No. 22-1272

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            Roman Moncivaiz appeals the denial of his second postconviction-relief (PCR) application.  He alleges there is newly discovered evidence and that his trial counsel and first PCR counsel were ineffective in not discovering another suspect would not be prosecuted.  He also asserts trial counsel was ineffective in failing to challenge an aiding and abetting jury instruction because the State declined to prosecute another suspect.  OPINION HOLDS: Evidence that the State declined to prosecute another suspect would not have changed the result of Moncivaiz’s trial or first PCR.  As a result, neither trial counsel nor Moncivaiz’s first PCR counsel was ineffective.  Accordingly, we affirm. 

Case No. 22-1337:  Simranjit Singh v. Michael Walter McDermott

Filed Jun 21, 2023

View Opinion No. 22-1337

            Appeal from the Iowa District Court for Cass County, Craig M. Dreismeier, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Chicchelly, J.  (5 pages)

            Simranjit Singh appeals a district court order granting Michael McDermott’s motion for summary judgment and dismissing Singh’s claim for negligence.  Singh alleges the district court erred in finding that he could not prove McDermott breached a duty of care or that the doctrine of res ipsa loquitur should be applied.  OPINION HOLDS: Because Singh has not put forth evidence by which a reasonable jury could find McDermott was negligent, we affirm the district court’s dismissal of this action.

Case No. 22-1365:  Vreeman v. Jansma

Filed Jun 21, 2023

View Opinion No. 22-1365

            Appeal from the Iowa District Court for Sioux County, James N. Daane, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran, Tabor, Greer, Schumacher, Badding, Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Jerry Vreeman appeals a summary judgment ruling determining Iowa Code chapter 673 (2021) provided the defendants with statutory immunity for domesticated animal activity.  OPINION HOLDS: Because the relevant activity does not trigger immunity under chapter 673, we reverse and remand for further proceedings.

Case No. 22-1396:  In the Interest of K.D., Minor Child

Filed Jun 21, 2023

View Opinion No. 22-1396

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Danilson, S.J.  tabor, J., takes no part. Opinion by Danilson, S.J.  (7 pages)

            A father appeals the termination of his parental rights under Iowa Code section 600A.8(3)(b) (2022).  He contends the court erroneously found he abandoned his child and failed to consider whether his “disability” “validly excuses the lack of physical visitation” he had with the child.  OPINION HOLDS: Upon our review, we affirm.

Case No. 22-1668:  Emsud Pajazetovic v. Patrick Horst and Physiotherapy Associates, Inc. d/b/a Select Physical Therapy

Filed Jun 21, 2023

View Opinion No. 22-1668

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (3 pages)

            Pajazetovic appeals an award of damages following a jury trial in a negligence action.  OPINION HOLDS: Because Pajazetovic did not preserve error on his claim, we affirm. 

Case No. 22-1670:  Silver v. Barner

Filed Jun 21, 2023

View Opinion No. 22-1670

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

            Plaintiffs Benjamin and Danielle Silver appeal the district court’s summary judgment ruling in favor of defendants Bret Barner, Barner Realty, Helen Royer, and Kevin Royer.  The Silvers contend there are legitimate issues of material fact relating to whether the defendants engaged in fraudulent misrepresentation. OPINION HOLDS: We conclude the district court did not err in granting the defendants’ motions for summary judgment.

Case No. 22-1701:  In re the Marriage of Reinsbach

Filed Jun 21, 2023

View Opinion No. 22-1701

            Appeal from the Iowa District Court for Dickinson County, Shayne Mayer, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            An ex-husband appeals denial of a petition to modify spousal-support payments.  OPINION HOLDS: We affirm as modified based on a substantial change in circumstances, reducing the ex-husband’s spousal-support obligation to $1125 per month, and deny all requests for attorney fees.

Case No. 22-1763:  State of Iowa v. Anthony Joseph Kron

Filed Jun 21, 2023

View Opinion No. 22-1763

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (4 pages)

            A defendant appeals his sentence; he argues the district court abused its discretion in imposing a prison sentence.  OPINION HOLDS: Because the district court’s sentence was not unreasonable nor based on untenable grounds, we affirm.

Case No. 22-1781:  State of Iowa v. Charles Adolph Mimms

Filed Jun 21, 2023

View Opinion No. 22-1781

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Badding, J.  (4 pages)

            Charles Mimms appeals the sentence imposed on his criminal conviction.  OPINION HOLDS: Finding no abuse of discretion or defect in sentencing procedure, we affirm. 

Case No. 22-1823:  In re the Marriage of Cickavage

Filed Jun 21, 2023

View Opinion No. 22-1823

              Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (2 pages)

              Jesse Cickavage appeals from the district court’s award of $8220 in appellate attorney fees to Sara Cickavage.  OPINION HOLDS: We affirm and award Sara an additional $1125 in appellate attorney fees.

Case No. 22-1891:  State of Iowa v. Fitsum Hunegnaw Russell

Filed Jun 21, 2023

View Opinion No. 22-1891

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Fitsum Russell appeals his sentence following an Alford plea.  OPINION HOLDS: We find no abuse of discretion and affirm the sentence.

Case No. 23-0189:  In the Interest of L.F. and S.F., Minor Children

Filed Jun 21, 2023

View Opinion No. 23-0189

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: Because the mother does not challenge one of the four statutory grounds for termination the juvenile court found satisfied, we affirm on the unchallenged statutory ground.  We also conclude termination is in the children’s best interests and the parent-child bonds are not so strong as to preclude termination.

Case No. 23-0578:  In the Interest of T.N., Minor Child

Filed Jun 21, 2023

View Opinion No. 23-0578

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights.  OPINION HOLDS: Because a six-month extension would not be appropriate and termination is in the child’s best interests, we affirm. 

Case No. 23-0581:  In the Interest of S.J. and R.J., Minor Children

Filed Jun 21, 2023

View Opinion No. 23-0581

            Appeal from the Iowa District Court for Black Hawk County, Daniel Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  She claims termination is not in the children’s best interests.  She also contends the juvenile court should have granted a six-month extension.  OPINION HOLDS: We find termination is in the children’s best interests.  And a six-month extension is not appropriate on these facts.  We affirm.

Case No. 23-0590:  In the Interest of E.S., Minor Child

Filed Jun 21, 2023

View Opinion No. 23-0590

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination.  Termination is in the child’s best interest, and we decline to apply a permissive exception to termination.

Case No. 23-0631:  In the Interest of A.M., Minor Child

Filed Jun 21, 2023

View Opinion No. 23-0631

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

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

Case No. 21-0605:  State of Iowa v. Stanley Paul Wofford

Filed Jun 07, 2023

View Opinion No. 21-0605

            Appeal from the Iowa District Court for Polk County, Scott Beattie, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (10 pages)

            Stanley Wofford appeals his conviction for murder in the first degree.  He asserts the State failed to prove he was not justified in the shooting death of John Belcher.  OPINION HOLDS: We conclude a reasonable jury could find Wofford was not justified in shooting Belcher and affirm his conviction.

Case No. 21-1218:  State of Iowa v. Munchelo Michael Dock

Filed Jun 07, 2023

View Opinion No. 21-1218

            Appeal from the Iowa District Court for Polk County, Brendan E. Greiner, District Associate Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

            Munchelo Dock appeals his Alford pleas to nine counts of indecent exposure and the sentence imposed by the district court, arguing (1) the prosecutor breached the plea agreement; (2) the plea lacked a factual basis; and (3) his convictions and sentences “violate[d] the Double Jeopardy protection against cumulative punishment, and amount[ed] to an illegal sentence.”  OPINION HOLDS: We affirm Dock’s convictions but vacate his sentences and remand for resentencing before a different judge.

Case No. 21-1476:  State of Iowa v. Charlie Gary, III

Filed Jun 07, 2023

View Opinion No. 21-1476

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            Charlie Gary III was convicted after a jury trial of first-degree murder, first-degree burglary, first-degree robbery, and abuse of a corpse.  On appeal, he challenges the sufficiency of the evidence of malice aforethought to support his first-degree murder conviction and makes claim of prosecutorial misconduct.  OPINION HOLDS: Gary concedes no objection was made to preserve his claims of prosecutorial misconduct so we do not address them.  Because there is substantial evidence from which the jury could find malice aforethought, we affirm. 

Case No. 21-1939:  State of Iowa v. Justin Michael Barnes

Filed Jun 07, 2023

View Opinion No. 21-1939

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Justin Barnes appeals following his Iowa Rule of Criminal Procedure 2.10 guilty plea.  He complains he was not given an opportunity to withdraw his guilty plea at the sentencing hearing after the court informed him it could not suspend the fine associated with one of the charges as provided for in the guilty plea.  OPINION HOLDS: Barnes established good cause to appeal.  The district court erred by not informing Barnes he could withdraw his guilty plea prior to the imposition of the mandatory fine.  We vacate the sentence and remand for further proceedings.

Case No. 22-0075:  Roger Christopher McGhee v. State of Iowa

Filed Jun 07, 2023

View Opinion No. 22-0075

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (10 pages)

            Roger McGhee appeals from the denial of his application for postconviction relief (PCR), contending both ineffective assistance of defense counsel and ineffective assistance of PCR counsel.  OPINION HOLDS: We reject all of McGhee’s claims that his defense counsel was ineffective.  He must raise the effectiveness of his PCR counsel in a separate action.

Case No. 22-0174:  In the Interest of D.L., Minor Child

Filed Jun 07, 2023

View Opinion No. 22-0174

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, J.  Tabor, J., takes no part. (12 pages)

            D.L. appeals the adjudication and dispositional orders in child delinquency proceedings based on a finding she aided and abetted in the theft of an automobile.  OPINION HOLDS: We conclude there is sufficient evidence in the record to support a finding that D.L. committed a delinquent act that would be considered aiding and abetting in theft by possession of stolen property if she had been an adult.  We affirm the decision of the district court.

Case No. 22-0320:  Douglas Paul Beery v. State of Iowa

Filed Jun 07, 2023

View Opinion No. 22-0320

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Tabor, J., takes no part.  Opinion by Greer, J.  (8 pages)

            Douglas Beery was convicted of first-degree murder and assault with intent to inflict serious injury in 1996.  Here, he challenges the denial of his fourth application for postconviction relief (PCR), which he filed nearly two decades after the statute of limitations ran.  OPINION HOLDS: Beery’s claim that his trial counsel argued self-defense against his wishes is not premised on a new ground of fact, so it does not fall within the exception to the statute of limitations.  While two of his brother’s confessions took place after the statute of limitations ran, Beery cannot prevail on the substance of his newly-discovered-evidence claim.  So, we affirm the district court’s denial of Beery’s fourth PCR application.  

Case No. 22-0469:  State of Iowa v. Arthur Griffin, Jr.

Filed Jun 07, 2023

View Opinion No. 22-0469

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Arthur Griffin Jr. appeals from his conviction for domestic abuse assault, third offense, as a habitual offender.  He contends that recordings from a 911 call and a police body camera were impermissibly admitted into evidence in violation of his rights under the federal and state confrontation clause.  OPINION HOLDS: We reject Griffin’s arguments, finding the evidence nontestimonial, and affirm the district court.

Case No. 22-0501:  Postma v. Wedebrand

Filed Jun 07, 2023

View Opinion No. 22-0501

            Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge.  AFFIRMED ON APPEAL; WRIT SUSTAINED IN PART AND REMANDED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (22 pages)

            Diane Wedebrand, Mike Kats, Arvin Brenneman, and Harold Vander Vliet appeal the trial court’s ruling in this declaratory judgment action finding Scott Postma is a shareholder of Ozone Solutions, Inc. and was entitled to notice of the meeting held on May 31, 2018.  Postma cross-appeals the court’s rulings on his requests for sanctions.  OPINION HOLDS: Because Postma was a shareholder and received no notice for the May 31, 2018 meeting, the actions taken at that meeting are void.  We affirm on the appeal.  We treat the cross-appeal as a petition for writ of certiorari, grant the petition, and sustain the writ in part.  We find no abuse of discretion in the trial court’s determination sanctions were to be imposed upon Kats alone for the bad faith presentation of an affidavit under Iowa Rule of Civil Procedure 1.981(7).  But, because the district court employed the wrong standard in determining whether sanctions should be imposed under rule 1.517(3)(b), we sustain the writ in part and remand for consideration under the correct standard.   

Case No. 22-0572:  State of Iowa v. Vincent Salvatory Brocato

Filed Jun 07, 2023

View Opinion No. 22-0572

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Ahlers, J. (5 pages)

            Vincent Brocato appeals his convictions for attempted murder and domestic abuse assault while using a dangerous weapon.  He claims the State failed to provide sufficient evidence establishing him as the victim’s assailant.  OPINION HOLDS: The jury’s verdict concluding Brocato shot the victim is supported by substantial evidence.

Case No. 22-0701:  State of Iowa v. Yarrell Arto Fisher Jr.

Filed Jun 07, 2023

View Opinion No. 22-0701

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  CONDITIONALLY AFFIRMED AND REMANDED.  Considered by Greer, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (13 pages)

            In FECR353225, a jury found Yarrell Fisher Jr. guilty of third-degree burglary (count I), second-degree criminal mischief (count II), and third-degree harassment (count III).  Fisher challenges his convictions on counts I and II, arguing the State presented insufficient evidence to support the convictions and the greater weight of credible evidence supports acquittal.  Fisher was sentenced in FECR353225 and a second case, FECR352573, at a combined sentencing hearing; he challenges some of those sentences, claiming the district court abused its discretion in denying his request for probation and imposing incarceration.  He also argues the court failed to state adequate reasons on the record for ordering him to serve the sentences in FECR353225 consecutive to the sentences imposed in FECR352573.  OPINION HOLDS: Substantial evidence supports Fisher’s challenged convictions.  However, because the district court applied the wrong standard on his motion for new trial, we conditionally affirm Fisher’s convictions and remand for the court to consider the motion for new trial, using the correct standard.  If the court grants the motion, then Fisher shall receive a new trial.  If the court denies the motion, Fisher’s convictions are affirmed.  Assuming his convictions stand, we find no reversible error or abuse of discretion in the sentencing of Fisher. 

Case No. 22-0710:  Shrum v. Boldt Group, Inc.

Filed Jun 07, 2023

View Opinion No. 22-0710

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

            An employee appeals a district court ruling on judicial review affirming the denial of workers’ compensation benefits. OPINION HOLDS: We find there was substantial evidence to support the commissioner’s determination that Robert Shrum’s neck and right shoulder conditions were not causally related to his employment, as well as the commissioner’s denial of permanent partial disability benefits for Shrum’s right-arm injury and alternate or ongoing medical care for his neck and right shoulder.

Case No. 22-0847:  In re Marriage of Marasco

Filed Jun 07, 2023

View Opinion No. 22-0847

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (10 pages)

            Albert Marasco appeals from the decree dissolving his marriage; and Julie Marasco cross-appeals.  Both challenge the district court’s property distribution.  OPINION HOLDS: The district court’s property division was equitable.  However, it inadvertently attributed some non-marital assets to the marital estate and accidentally included a retirement account that the parties agree does not exist.  We modify the property division to account for these discrepancies while otherwise maintaining the district court’s division of property.  We decline to award Julie appellate attorney fees.

Case No. 22-0853:  Samuel Montez Wright v. State of Iowa

Filed Jun 07, 2023

View Opinion No. 22-0853

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            Samuel Wright appeals the summary denial of his second postconviction relief application.  OPINION HOLDS: Because Wright’s pro se notice of appeal while represented by an attorney was a nullity, and a delayed appeal is not available in postconviction proceedings, see Jones v. State, 981 N.W.2d 141, 143 (Iowa 2022), we dismiss for lack of jurisdiction.

Case No. 22-0882:  In re Estate of Glaser

Filed Jun 07, 2023

View Opinion No. 22-0882

            Appeal from the Iowa District Court for Jackson County, Sean McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            Sherry Kindsfather appeals a district court ruling following a remand in an estate proceeding.  She raises a mishmash of claims involving limitation of actions, a stipulation by the parties made before remand, bifurcation of trial, sufficiency of evidence, due process, statutory interpretation and construction, res judicata and law of the case, a request for an equitable lien as a remedy, and redemption.  OPINION HOLDS: Having considered all of Kindsfather’s arguments on appeal, whether specifically mentioned or not, we affirm the judgment of the district court. 

Case No. 22-0929:  Jon Patrick King v. State of Iowa

Filed Jun 07, 2023

View Opinion No. 22-0929

            Appeal from the Iowa District Court for Webster County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Jon King appeals the denial of his postconviction-relief application.  OPINION HOLDS: Because King does not present newly discovered evidence that would prevent a reasonable fact finder from convicting him, we affirm.

Case No. 22-1026:  James R. Penny v. City of Winterset and Christian Dekker

Filed Jun 07, 2023

View Opinion No. 22-1026

            Appeal from the Iowa District Court for Madison County, Stacy Ritchie, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Greer, P.J.  (21 pages)

            A plaintiff appeals an adverse summary judgment ruling that dismissed his claims for injuries sustained after a collision with a police cruiser.  OPINION HOLDS: We reverse the entry of summary judgment and remand for further proceedings, concluding genuine issues of material fact remain that preclude the defendants’ entitlement to judgment as a matter of law. DISSENT ASSERTS: I respectfully dissent from the majority opinion.  Because the facts do not support a finding of recklessness on the part of the officer, I would affirm the grant of summary judgment. 

Case No. 22-1045:  State of Iowa v. Rick Jason Reifenrath

Filed Jun 07, 2023

View Opinion No. 22-1045

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

            Rick Reifenrath appeals the district court’s denial of his request for a deferred judgment, arguing it (1) improperly considered unproven or uncharged facts, and (2) failed to consider all the sentencing factors in denying his request.  OPINION HOLDS: We discern no abuse of discretion in the court’s stated reasons for declining Reifenrath’s request for a deferred judgment.

Case No. 22-1114:  State of Iowa v. Brandon Scott Stevens

Filed Jun 07, 2023

View Opinion No. 22-1114

            Appeal from the Iowa District Court for Poweshiek County, Lucy J. Gamon, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (11 pages)

            A defendant appeals his conviction for second-degree theft of a van.  He asserts there was insufficient evidence for a rational jury to convict him.  OPINION HOLDS: Because the State failed to provide substantial evidence that the defendant intended to permanently deprive the van-owner when he took the vehicle, we reverse and remand with instructions.

Case No. 22-1155:  In re Marriage of Taylor

Filed Jun 07, 2023

View Opinion No. 22-1155

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Schumacher, Badding, Chicchelly, and Buller, JJ.  Opinion by Badding, J.  (11 pages)

            Timothy Taylor challenges the district court’s award of traditional spousal support to his former spouse, Yvonne Taylor.  He also requests the parties’ income tax obligation be divided equally between the two.  Both parties seek appellate attorney’s fees.  OPINION HOLDS: We affirm, concluding the district court’s award of traditional spousal support was not excessive in amount and duration and Yvonne is unable to pay a tax burden created by Timothy’s substantial income.  Yvonne is awarded appellate attorney fees, which will be determined on remand.

Case No. 22-1191:  Harper v. City of Keswick

Filed Jun 07, 2023

View Opinion No. 22-1191

            Appeal from the Iowa District Court for Keokuk County, Lucy J. Gamon, Judge.  REVERSED AND REMANDED.  Heard by Schumacher, P.J., and Badding and Buller, JJ.  Opinion by Schumacher, J.  (19 pages)

            Andrew Harper and Jayson Harper, father and son, appeal the district court’s grant of summary judgment to the City of Keswick on the Harpers’ claims of equitable estoppel concerning ownership of property originally platted as a street.  OPINION HOLDS: The City has not shown there are no genuine issues of material fact and that it is entitled to judgment as a matter of law on the elements necessary to establish a claim of equitable estoppel—abandonment, adverse possession, and unfair damage.  We reverse the district court’s grant of summary judgment and remand for further proceedings.  And because we are reversing for further proceedings, we do not address the Harpers’ claim that additional discovery was necessary before entry of the summary judgment ruling.

Case No. 22-1211:  In the Matter of the Estate of Delores Todd, Deceased

Filed Jun 07, 2023

View Opinion No. 22-1211

            Appeal from the Iowa District Court for Ida County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Tabor, P.J., Greer, Ahlers, Chicchelly, and Buller, JJ.  Opinion by Buller, J.  (10 pages)

            Beneficiaries of a will appeal from a declaratory judgment ruling to construe the will.  OPINION HOLDS: Because our case law dictates that we are forbidden from rewriting a will or modifying unambiguous language, we affirm the probate court’s decision to enforce the will as written.

Case No. 22-1263:  Timmy Lee Briggs and Monica Mae Evison v. First Chicago Insurance Company

Filed Jun 07, 2023

View Opinion No. 22-1263

              Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (8 pages)

              Two insured drivers denied coverage by their insurance company for property damage to a third party challenge the grant of summary judgment.  OPINION HOLDS: On our motion, we question plaintiffs’ standing to bring this claim.  Thus, we reverse the grant of summary judgment as premature and remand with directions for further proceedings.

Case No. 22-1294:  State of Iowa v. Madison Elizabeth Mary Viers

Filed Jun 07, 2023

View Opinion No. 22-1294

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Badding, J.  (5 pages)

            Madison Viers appeals the revocation of her deferred judgment, arguing the court “did not state a reason for the revocation.”  OPINION HOLDS: We reject Viers’s argument that the factual basis for revocation had to be in writing.  Finding the court provided a sufficient factual basis for revocation orally on the record, which Viers does not dispute, we affirm.

Case No. 22-1312:  City of Tiffin v. City of Coralville

Filed Jun 07, 2023

View Opinion No. 22-1312

            Appeal from the Iowa District Court for Johnson County, Jason D. Besler, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Chicchelly, J., takes no part.  Opinion by Greer, J.  (12 pages)

            The City of Tiffin appeals the denial of its petition for declaratory judgment against land owned by the City of Coralville, which was previously owned by the Ruth E. Rarick Trust.  In part, Tiffin asked the deed be set aside.  OPINION HOLDS: Because the Trust was an indispensable party to the suit, which should have been brought in as a party, we reverse the district court’s ruling and remand the case with instruction to allow Tiffin to bring in the indispensable party for further proceedings. 

Case No. 22-1325:  State of Iowa v. Shol Joseph Mabeng

Filed Jun 07, 2023

View Opinion No. 22-1325

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  APPEAL DISMISSED. Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Shol Joseph Mabeng appeals, asserting the district court lacked authority to order him to remain in jail pending an opening in a community residential facility.  The State argues the appeal is moot because Mabeng is no longer in jail.  OPINION HOLDS: Because the issue of temporary confinement is moot and there is no “actual, present controversy” as to fees, we dismiss the appeal. 

Case No. 22-1326:  In re the Marriage of Murphy

Filed Jun 07, 2023

View Opinion No. 22-1326

            Appeal from the Iowa District Court for Shelby County, John J. Haney, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (13 pages)

            A former husband appeals the district court’s denial of his petition to modify his spousal support to the former wife following the dissolution of their marriage in 2005.  The district court denied the modification because he failed to show that either his ability to pay or former wife’s needs underwent a substantial change in circumstances justifying eliminating the spousal support.  OPINION HOLDS: As did the district court, we find the former husband failed to carry his burden to show a substantial change and affirm.

Case No. 22-1334:  Rashid Pharmacy, P.L.C. v. Iowa Department of Health and Human Services

Filed Jun 07, 2023

View Opinion No. 22-1334

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (14 pages)

            Rashid Pharmacy appeals a judicial review decision upholding the agency’s adverse ruling against it.  OPINION HOLDS: We affirm, finding substantial evidence to uphold the agency’s decision and no errors of law.

Case No. 22-1421:  P.M. Lattner Manufacturing Co. and Accident Fund General Insurance Co., v. Michael Rife

Filed Jun 07, 2023

View Opinion No. 22-1421

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Michael Rife appeals the district court order following judicial review of his workers’ compensation claim.  He contends the district court improperly found he was not entitled to reimbursement for an independent medical examination (IME).  He also alleges the court wrongly remanded to the commissioner to determine what credit Lattner Manufacturing and its workers’ compensation insurance carrier, Accident Fund General Insurance Co., (collectively Lattner), is entitled to for benefits paid for a prior injury Rife sustained.  OPINION HOLDS:  We find the district court erred by finding Rife was not entitled to any reimbursement for the IME as whether Iowa Code section 85.39 was triggered was not preserved.  We remand for determination of the reasonable cost of the IME. We determine the district court properly remanded for the commissioner to determine what credit Lattner deserved for compensating Rife’s prior injury.  Accordingly, we affirm in part, reverse in part, and remand to the workers’ compensation commissioner.   

Case No. 22-1492:  State of Iowa v. Charles Robert Davidson

Filed Jun 07, 2023

View Opinion No. 22-1492

            Appeal from the Iowa District Court for Tama County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Charles Davidson appeals his sentence following a guilty plea.  OPINION HOLDS: We find the district court gave ample reasoning for its sentence and find no abuse of the district court’s discretion.

Case No. 22-1775:  State of Iowa v. Pedro Martinez Castro

Filed Jun 07, 2023

View Opinion No. 22-1775

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Badding, J.  (7 pages)

            Pedro Martinez Castro appeals the sentences imposed on his criminal convictions, arguing the sentencing court considered “incorrect and inappropriate factors urged by the prosecution” and disregarded “appropriate mitigating factors.”  OPINION HOLDS: Finding the court did not abuse its discretion as alleged, we affirm the sentences imposed.

Case No. 23-0042:  In the Interest of D.W. and I.W., Minor Children

Filed Jun 07, 2023

View Opinion No. 23-0042

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: I. Clear and convincing evidence shows the children could not be returned to the parents’ custody at the time of the termination hearing.  II. Even assuming the mother preserved error on her reasonable-efforts claim, she cannot show the brief interruption in services one year before the termination hearing prevented the children from being returned to her custody.  III. Termination of the mother and father’s parental rights, not a long-term guardianship, serves the children’s best interests.

Case No. 23-0122:  Alexis Ficek v. Ronald Morgan, III

Filed Jun 07, 2023

View Opinion No. 23-0122

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Ronald (Ronnie) Morgan appeals the district court’s order on remand of his petition to modify visitation with two minor children, A.M. and E.M.  Ronnie alleges that the court’s holiday visitation schedule is not in the children’s best interests and that the children’s mother, Alexis Ficek, should share responsibility for transportation to and from visitation.  OPINION HOLDS: Upon our de novo review, we affirm the court’s decision with respect to visitation but modify the order such that the responsibility for transportation shall be shared.  We also decline Alexis’s request for appellate attorney fees.

Case No. 23-0270:  In re J.W. and M.W., Minor Children

Filed Jun 07, 2023

View Opinion No. 23-0270

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

            A mother appeals an order terminating her parental rights to two children. She putatively challenges the evidence supporting the grounds for termination cited by the district court.  She also contends the district court should not have terminated her parental rights based on the fact that a relative had custody of the children and based on the claimed bond she shared with them.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the children.

Case No. 23-0326:  In the Interest of L.W., T.S., and A.A., Minor Children

Filed Jun 07, 2023

View Opinion No. 23-0326

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  The mother asserts termination of her rights is not in the best interests of the children and the court failed to consider applying an exception to termination.  The father challenges the grounds for termination and whether termination is in the children’s best interests.  OPINION HOLDS: We affirm on both appeals.

Case No. 23-0583:  In the Interest of B.W. and J.W., Minor Children

Filed Jun 07, 2023

View Opinion No. 23-0583

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

            A mother appeals the termination of her parental rights to two children.  She claims there is insufficient evidence to support a statutory ground for termination, termination is not in the children’s best interests, and the court should decline to terminate based on her close bond with the children.  OPINION HOLDS: We find clear and convincing evidence in this record to support a statutory ground for termination.  Termination is in the children’s best interests.  And we, like the juvenile court, decline to apply an exception to preclude termination.

Case No. 23-0636:  In the Interest of K.H., L.H., and A.S., Minor Children

Filed Jun 07, 2023

View Opinion No. 23-0636

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

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

Case No. 21-1854:  State of Iowa v. Jayme Powell

Filed May 24, 2023

View Opinion No. 21-1854

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

            Jayme Powell appeals his convictions, claiming (1) “defense counsel had a conflict of interest between being paid for his services and his effective representation”; and (2) the court abused its discretion in denying a mistrial after counsel “clearly informed the court he was providing ineffective representation to his client.” OPINION HOLDS: Because Powell failed to show the alleged conflict adversely affected his attorney’s performance, we reject his conflict-of-interest claim.  And we find no abuse of discretion in the court’s denial of his motion for mistrial.  We accordingly affirm Powell’s convictions.

Case No. 22-0099:  State of Iowa v. Robin Alejandro Castillo Fuentes

Filed May 24, 2023

View Opinion No. 22-0099

            Appeal from the Iowa District Court for Johnson County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            Robin Alejandro Castillo Fuentes appeals his conviction for child endangerment.  OPINION HOLDS: Viewing the record in the light most favorable to the State, substantial evidence supports Castillo Fuentes’ conviction.  Accordingly, we affirm.

Case No. 22-0103:  State of Iowa v. Michael Dean Roberson Jr.

Filed May 24, 2023

View Opinion No. 22-0103

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            Michael Roberson Jr. appeals his convictions for second-degree kidnapping while armed with a dangerous weapon and domestic abuse assault, third or subsequent offense, with an habitual offender status.  He challenges the sufficiency of the evidence to support these convictions.  OPINION HOLDS: We affirm in part, vacate in part, and remand to the district court for dismissal of the domestic abuse assault charge.      

Case No. 22-0421:  State of Iowa v. Melton Ray Carter

Filed May 24, 2023

View Opinion No. 22-0421

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Melton Carter appeals his conviction for possession of marijuana, third violation, as an habitual offender.  Carter challenges the court’s denial of his second motion to suppress.  OPINION HOLDS: We affirm Carter’s judgment and sentence.

Case No. 22-0519:  State of Iowa v. Trevor Joe Howland

Filed May 24, 2023

View Opinion No. 22-0519

            Appeal from the Iowa District Court for Boone County, Christopher C. Polking (motion for in camera review) and Jennifer Miller (motion in limine and trial), Judges.  AFFIRMED.  Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J.*  Opinion by Ahlers, P.J.  (19 pages)

            Trever Howland appeals following his convictions for three counts of second-degree sexual abuse, raising several claims.  OPINION HOLDS: Howland’s convictions are supported by sufficient evidence.  The district court did not abuse its discretion by denying a motion to conduct an in camera review of the complaining witness’s mental-health records.  The State’s expert witness did not vouch for the complaining witness’s credibility.  While the district court erred in admitting hearsay testimony, reversal is not required because the testimony was duplicative of properly admitted testimony.  The court did not abuse its discretion in denying a motion for mistrial.  And Howland failed to preserve or waived his remaining claims on appeal.

Case No. 22-0523:  Kelly Charles Sand v. State of Iowa

Filed May 24, 2023

View Opinion No. 22-0523

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

            Kelly Sand appeals the denial of his application for postconviction relief.  He contends plea counsel was ineffective for not informing him of the “silent mandatory sentence” for the completion of sex offender treatment while in custody of the Iowa Department of Corrections.  OPINION HOLDS: Finding parole eligibility is not a direct consequence of Sand’s guilty pleas, we reject the claim and affirm the denial of relief. 

Case No. 22-0524:  State of Iowa v. Zachary James Lindauer

Filed May 24, 2023

View Opinion No. 22-0524

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            Zachary Lindauer appeals from his conviction for sexual abuse in the third degree.  He argues the district court erred in denying his request to admit the deposition testimony of a witness who failed to show up at trial because the witness was unavailable under Iowa Rule of Evidence 5.804.  OPINION HOLDS: Even if the witness was unavailable, the district court’s denial of the admission of the irrelevant evidence was not improper.  Alternatively, if the district court erred in denying Lindauer’s request, any error was harmless.  We affirm Lindauer’s conviction. 

Case No. 22-0540:  State of Iowa v. Jesse Lee McElroy

Filed May 24, 2023

View Opinion No. 22-0540

            Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            Jesse McElroy appeals the sentence imposed after pleading guilty to operating while intoxicated, third or subsequent offense.  OPINION HOLDS: The sentencing court provided sufficient reasoning for exercising its discretion in imposing the habitual offender sentencing enhancement as the reasons for exercise of its discretion are obvious in light of the court’s statement and the record before the court.  Finding no abuse of discretion, we affirm.

Case No. 22-0584:  Julie Becker v. Dallas Center Board of Adjustment

Filed May 24, 2023

View Opinion No. 22-0584

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Julie Becker appeals the district court’s denial of her petition for writ of certiorari regarding an exception to a zoning ordinance authorized by the Dallas Center Board of Adjustment, arguing (1) the board lacked authority to grant the exception and (2) the board erred in concluding there was sufficient parking available to accommodate commercial activities.  OPINION HOLDS: We conclude the district court did not err in concluding the board had authority to grant an exception and substantial evidence supports the board’s finding that adequate parking was available.

Case No. 22-0699:  State of Iowa v. Dana Elizabeth Kirgan

Filed May 24, 2023

View Opinion No. 22-0699

            Appeal from the Iowa District Court for Warren County, Terry R. Rickers, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Following a trial to the bench, Dana Kirgan appeals her convictions for intimidation with a dangerous weapon and going armed with intent.  She challenges each conviction, arguing it is not supported by substantial evidence.  OPINION HOLDS: Because there was insufficient evidence to convict Kirgan of intimidation with a dangerous weapon, we reverse that conviction.  A reasonable factfinder could find evidence to convict Kirgan of going armed with intent but, because the district court applied the wrong standard in reaching its decision, we reverse Kirgan’s conviction and remand to the district court for new findings and conclusions as to that charge on the existing record. 

Case No. 22-0827:  State of Iowa v. Matthew James Davis

Filed May 24, 2023

View Opinion No. 22-0827

            Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (14 pages)

            Matthew Davis appeals his convictions and the sentences imposed for two counts of third-degree sexual abuse and two counts of incest.  He contends the trial court abused its discretion in overruling his objection to allowing his wife, Patti, to testify about having been sexually abused as a child.  He maintains the verdicts are not supported by sufficient evidence and are contrary to the weight of the evidence.  Davis also asserts the court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: The court did not abuse its discretion in ruling on the admissibility of the evidence.  There is substantial evidence to support the convictions.  This is not the extraordinary case in which the evidence preponderates heavily against the verdicts.  And the court did not abuse its discretion in imposing consecutive sentences.  We thus affirm.

Case No. 22-0904:  State of Iowa v. Austin James Hill

Filed May 24, 2023

View Opinion No. 22-0904

            Appeal from the Iowa District Court for Adams County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            The defendant appeals his conviction for operating while under the influence (OWI), third offense, in violation of Iowa Code section 321J.2(2)(c) (2020).  He contends there is insufficient evidence that he was under the influence of alcohol or a drug.  OPINION HOLDS: We find the jury had sufficient evidence to reach the conviction, so we affirm.

Case No. 22-0917:  Ron Myers v. City of Cedar Falls

Filed May 24, 2023

View Opinion No. 22-0917

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            Ron Myers appeals from the order granting summary judgment in favor of the City of Cedar Falls after concluding the city was shielded from liability by qualified immunity under Iowa Code section 670.4(1)(l) (2020).  OPINION HOLDS: There is a fact question as to whether section 670.4(1)(l) applies.  As a result, the district court erred in granting summary judgment.

Case No. 22-0931:  State of Iowa v. Ryan Isaac Maschmann

Filed May 24, 2023

View Opinion No. 22-0931

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (4 pages)

            Ryan Maschmann appeals his suspended ten-year sentence for first-degree theft.  He argues that the district court erred by failing to state its reasons for that sentence.  OPINION HOLDS: While succinct, we find the court gave a reason for the chosen sentence, so we affirm.

Case No. 22-0985:  State of Iowa v. Tyler John Pohlman

Filed May 24, 2023

View Opinion No. 22-0985

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (4 pages)

            Tyler Pohlman appeals the sentences imposed upon his criminal convictions.  OPINION HOLDS: Because the district court was correct in concluding it could not suspend the fines on these serious misdemeanors, we find no legal error or abuse of discretion and affirm the sentences. 

Case No. 22-1000:  Brian Barry v. John Deere Dubuque Works of Deere & Company

Filed May 24, 2023

View Opinion No. 22-1000

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Brian Barry appeals from a judicial-review proceeding affirming denial of a review-reopening petition.  OPINION HOLDS: The commissioner did not abuse his discretion in rejecting the opinion of Barry’s expert or in evaluating the expert’s use of the AMA Guides when weighing credibility.  Substantial evidence supports the commissioner’s conclusion that Barry failed to carry his burden to prove his current condition warranted reopening his earlier disability award.

Case No. 22-1046:  Jamie Lee Cole v. State of Iowa

Filed May 24, 2023

View Opinion No. 22-1046

            Appeal from the Iowa District Court for Buchanan County, Laura J. Parrish, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            Jamie Cole challenges the denial of his application for postconviction relief (PCR) following his 2015 conviction for indecent exposure.  On appeal, Cole claims he received ineffective assistance from trial counsel in four ways; he points to the alleged denial of his right to testify, failure of counsel to withdraw (and allow him to represent himself, as he wished), denial of access to standby counsel, and denial of his right to legal resources.  OPINION HOLDS: We agree with the district court; Cole did not prove his trial counsel provided ineffective assistance.  We affirm the denial of Cole’s PCR application. 

Case No. 22-1117:  O'Brien v. Estate of Ripley

Filed May 24, 2023

View Opinion No. 22-1117

            Appeal from the Iowa District Court for Page County, Greg W. Steensland, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Badding, J.  (6 pages)

            On interlocutory appeal, Seanna O’Brien challenges the dismissal of her personal-injury suit against the estate of Donald Ripley and its executor as barred by the two-year statute of limitations in Iowa Code section 614.1(2) (2022).  OPINION HOLDS: We affirm dismissal, concluding O’Brien’s potential status as a reasonably ascertainable creditor of the estate has no effect on whether the matter was barred by the general statute of limitations.

Case No. 22-1135:  In re Estate of Marley

Filed May 24, 2023

View Opinion No. 22-1135

            Appeal from the Iowa District Court for Monona County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Ahlers, P.J.  (8 pages)

            A beneficiary of a will appeals a ruling denying a request to remove the executor and find a no-contest clause contained in the will triggered by the executor’s submission of a later will that was ultimately found to be invalid.  OPINION HOLDS: The executor’s submission of the later will did not amount to a challenge of the will and did not trigger the no-contest clause.  The beneficiary did not establish grounds to remove the executor.

Case No. 22-1361:  In re the Marriage of Horacek

Filed May 24, 2023

View Opinion No. 22-1361

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            Wanda Horacek appeals the spousal-support award in the decree dissolving her twenty-five-year marriage to Ronald (Ron) Horacek.  She contests the district court’s award of rehabilitative spousal support in the amount of $700 per month for twenty-four months, claiming she is entitled to traditional spousal support for the remainder of her life in the amount of $1500 per month.  Wanda and Ron each ask us to award them appellate attorney fees.  OPINION HOLDS: We modify the spousal-support award to give Wanda traditional alimony of $1000 per month until Ron retires or dies or Wanda remarries, cohabits, or dies—whichever occurs first.  We order Ron to pay $2000 of Wanda’s appellate attorney fees. 

Case No. 22-1779:  In the Interest of J.D., Minor Child

Filed May 24, 2023

View Opinion No. 22-1779

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights in this Iowa Code chapter 600A (2022) proceeding.  OPINION HOLDS: The mother abandoned the child.

Case No. 23-0091:  In the Interest of J.T.A., Minor Child

Filed May 24, 2023

View Opinion No. 23-0091

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            T.A., the father of the child at interest, J.T.A., appeals the juvenile court’s order terminating his parental rights in a private termination proceeding.  He claims the court erroneously found he abandoned the child.  He also contends termination is not in the child’s best interests.  OPINION HOLDS: We find clear and convincing evidence supports the court’s determination that T.A. abandoned the child.  Termination is in the child’s best interests.  We affirm.

Case No. 23-0111:  In the Interest of J.R. and J.R., Minor Children

Filed May 24, 2023

View Opinion No. 23-0111

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

                A mother appeals the termination of her parental rights to two children, ages seven and ten.  She challenges the statutory grounds for termination, argues the State failed to make reasonable efforts to reunite the family, and contends it was not in the children’s best interests to terminate her rights.  OPINION HOLDS: Because of ongoing substance-abuse issues and a history of emotionally harmful behavior by the mother, and despite the State’s reasonable efforts, we find termination was supported and in the children’s best interests.  We affirm.

Case No. 23-0209:  In the Interest of R.W., L.W., A.W. and K.W., Minor Children

Filed May 24, 2023

View Opinion No. 23-0209

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to four children, contending the State failed to prove the grounds for termination cited by the district court and she should have been afforded additional time to reunify with the children.  OPINION HOLDS: We affirm the order terminating the mother’s parental rights to the four children.

Case No. 23-0262:  In the Interest of R.E., Minor Child

Filed May 24, 2023

View Opinion No. 23-0262

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.   Opinion by Buller, J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm, finding that R.E. could not be returned to her mother at the time of the termination hearing, that reasonable efforts towards reunification were made, and the juvenile court did not err in declining to grant an additional six months to work towards reunification.

Case No. 23-0292:  In the Interest of J.H. and T.H., Jr., Minor Children

Filed May 24, 2023

View Opinion No. 23-0292

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

            A mother appeals the termination of her parental rights to two children.  She claims there was insufficient evidence to support a statutory ground for termination, that termination was not in the children’s best interests, and that the court should have declined to terminate based on her close bond with the children.  OPINION HOLDS:  We find clear and convincing evidence supports termination.  Termination is in the children’s best interests.  We decline to apply an exception to termination.  We affirm. 

Case No. 23-0317:  In the Interest of J.R. and L.R., Minor Children

Filed May 24, 2023

View Opinion No. 23-0317

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

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

Case No. 23-0396:  In the Interest of O.H. and J.Y., Minor Children

Filed May 24, 2023

View Opinion No. 23-0396

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            S.J. appeals the termination of her parental rights to two children, O.H. and J.Y.  W.H. separately appeals the termination of his parental rights to O.H.   Both parents maintain the statutory grounds are unsatisfied, termination is not in the best interests of the children, an exception should be granted due to the parent-child bonds, and a guardianship should be established.  The mother also requests an exception based on J.Y.’s placement with his father.  OPINION HOLDS: Upon our de novo review, we affirm termination of both parents’ parental rights to their respective children. 

Case No. 23-0419:  In the Interest of R.P., Minor Child

Filed May 24, 2023

View Opinion No. 23-0419

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

            A mother appeals the termination of her parental rights.  She claims the juvenile court violated her federal due-process rights by holding the termination hearing in her absence and without appointing counsel.  She also challenges the juvenile court’s best-interest determination and claims the parent-child bond should preclude termination.  OPINION HOLDS: The mother’s due-process claim is not preserved.  Termination is in the child’s best interests.  The mother did not preserve her claim that a permissive exception based on a parent-child bond should be applied, and, even if she had preserved it, the mother did not establish that termination would be detrimental to the child due to the claimed bond.

Case No. 23-0464:  In the Interest of O.P., Minor Child

Filed May 24, 2023

View Opinion No. 23-0464

            Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            A mother appeals the dispositional order confirming her child is a child in need of assistance and removing the child from her care.  OPINION HOLDS: Because placement with the mother was not appropriate without further supervision nor in the child’s best interests, we affirm the juvenile court’s dispositional order confirming continued removal from the mother.

Case No. 23-0469:  In the Interest of Z.A.-H, L.A.-H, D.A.-H, and G.A.-O, Minor Children

Filed May 24, 2023

View Opinion No. 23-0469

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Perry, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to four children, contending the State failed to prove the grounds for termination cited by the district court and termination was not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the children.

Case No. 23-0526:  In the Interest of A.C., Minor Child

Filed May 24, 2023

View Opinion No. 23-0526

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

            A mother appeals the termination of her parental rights, arguing she should have been granted additional time to work toward reunification.  OPINION HOLDS: We conclude additional time is not warranted and affirm termination.

Case No. 23-0536:  In the Interest of M.D., Minor Child

Filed May 24, 2023

View Opinion No. 23-0536

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find clear and convincing evidence of at least one statutory ground for termination and affirm.

Case No. 23-0567:  In the Interest of A.C. and A.C., Minor Children

Filed May 24, 2023

View Opinion No. 23-0567

            Appeal from the Iowa District Court for Hamilton County, Hans Becker, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A mother appeals the order terminating her parental rights to two children.  OPINION HOLD: We deny the mother’s request for more time because clear and convincing evidence shows that continuing the children’s placement for six months would not eliminate the need for the children’s removal.  Termination is in the children’s best interests, and there is no basis for preserving the mother’s parental rights based on the relationship between the mother and the children.

Case No. 23-0589:  In the Interest of E.V., Minor Child

Filed May 24, 2023

View Opinion No. 23-0589

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (3 pages)

            The juvenile court terminated the father’s parental rights to E.V., born in 2016, under Iowa Code section 232.116(1)(b), (e), and (f) (2023).  On appeal, the father focuses his challenge on whether termination of his parental rights is in E.V.’s best interests.  OPINION HOLDS: E.V. needs and deserves permanency, and termination of the father’s parental rights will allow her to achieve it.  We affirm the juvenile court.

Case No. 21-0784:  State of Iowa v. Andrew Joseph Harrison

Filed May 10, 2023

View Opinion No. 21-0784

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (18 pages)

            Andrew Harrison appeals his conviction for second-degree sexual abuse.  He claims there is insufficient evidence to support his conviction.  He claims the child victim’s out-of-court statements should have been excluded from trial because they were hearsay.  He contends the court improperly denied his attempt to strike a juror for cause.  He also asserts the court gave an improper jury instruction pertaining to the child’s absence from trial.  Finally, he claims the court improperly allowed some statements from an expert witness.  OPINION HOLDS: We find the conviction is supported by substantial evidence.  The court properly admitted the child’s statements and denied Harrison’s motion to strike the juror for cause.  Harrison did not preserve his objection to the challenged jury instruction.  The expert testimony was admissible.  We affirm.

Case No. 21-1727:  In re Marriage of Kerby

Filed May 10, 2023

View Opinion No. 21-1727

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Vaitheswaran, J.  (10 pages)

            A mother of three children appeals orders reinstating visits with the children’s father following a period of suspension while he was incarcerated for federal drug crimes.  OPINION HOLDS: Because we have no evidence to support a conclusion that categorical unsupervised visits are in the children’s best interests, we reverse the October 2021 order and remand for an evidentiary hearing to address the matters contained in that order based on present circumstances.

Case No. 22-0109:  In re Marriage of Walker

Filed May 10, 2023

View Opinion No. 22-0109

            Appeal from the Iowa District Court for Tama County, Mary E. Chicchelly, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J. Chicchelly, J., takes no part.  (17 pages)

            Terry Walker appeals the property distribution and spousal support provisions of the decree dissolving his marriage to Bridget Walker.  Bridget requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the decision of the district court and remand for the determination of an award of reasonable appellate attorney fees in favor of Bridget.

Case No. 22-0242:  Palensky v. Story County Board of Adjustment

Filed May 10, 2023

View Opinion No. 22-0242

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Buller, JJ.  Opinion by Schumacher, J.  (16 pages)

            James Palensky and Teresa Scheib-Palensky (Palenskys) appeal the district court’s grant of summary judgment on a petition for declaratory judgment to the Story County Board of Adjustment (Board) and the annulment of a writ of certiorari.  OPINION HOLDS: We find (1) the district court properly denied the Palenskys’ request for declaratory relief; (2) the previous proceedings before the Board were not a nullity; (3) the Board made adequate factual findings; (4) the Palenskys’ claims concerning the modification of a conditional use permit were untimely; (5) the Board’s findings were supported by substantial evidence; (6) the Palenskys were not denied due process; and (7) the Palenskys were not denied their right to petition the Board for redress of their grievances.  We affirm the decisions of the district court and the Board.

Case No. 22-0249:  Palensky v. Story County Board of Adjustment

Filed May 10, 2023

View Opinion No. 22-0249

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Buller, JJ.  Opinion by Schumacher, J.  (9 pages)

            James Palensky and Teresa Scheib-Palensky (the Palenskys) appeal the district court’s grant of summary judgment to the Story County Board of Adjustment (Board) on the annulment of their petition for a writ of certiorari.  OPINION HOLDS: We find (1) the district court did not err by finding that while a conditional use permit (CUP) was annulled, the Board’s previous proceedings were not annulled; (2) aside from the issues of compatibility and traffic congestion, the Board substantially complied with the requirement to make written findings of fact; (3) we determine there is substantial evidence in the record, with exceptions for compatibility and traffic congestion; (4) the Board did not act illegally by failing to consider modifications to a different CUP when it made findings regarding this CUP; (5) the Board considered the combined effects of the two CUPs; (6) the Palenskys were not denied due process; and (7) the Palenskys were not denied their right to petition the Board for redress of their grievances.  We affirm the decision of the district court.

Case No. 22-0459:  Jonathan Antione Brown v. State of Iowa

Filed May 10, 2023

View Opinion No. 22-0459

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

              Jonathan Brown appeals the denial of postconviction relief (PCR) after his conviction for second-degree murder.  He contends his criminal trial attorneys were ineffective in two ways: (1) by not raising a fair-cross-section challenge to the jury pool, and (2) by not providing zealous advocacy after Brown “backed out” of a plea deal.  Brown also contends his PCR counsel was ineffective.  OPINION HOLDS: Because Brown fails to show counsel breached a material duty in either the criminal or PCR proceedings, we affirm the denial of relief.

Case No. 22-0769:  Roger Craig Kissel v. State of Iowa

Filed May 10, 2023

View Opinion No. 22-0769

            Appeal from the Iowa District Court for Fremont County, Greg W. Steensland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Following his conviction for one count of second-degree sexual abuse and two counts of lascivious acts with a child, Roger Kissel argues his trial attorney was ineffective in failing to (1) “properly investigate [his] medical condition”; (2) “properly interview witnesses”; and (3) show him “[a] full and complete video” of the child’s forensic interview.  OPINION HOLDS: We hold the evidence amounted to overwhelming evidence of guilt, rendering it reasonably improbable that counsel’s claimed failures would have changed the outcome. 

Case No. 22-0770:  State of Iowa v. Mary Zarwie

Filed May 10, 2023

View Opinion No. 22-0770

              Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

              Mary Zarwie appeals her conviction for operating while intoxicated, first offense, in violation of Iowa Code section 321J.2 (2021), a serious misdemeanor.  She claims there was insufficient evidence to support her conviction.  OPINION HOLDS: Viewing the evidence in a light most favorable to the verdict, substantial evidence supports the jury’s finding of guilt.  

Case No. 22-0794:  State of Iowa v. Aaron Dion Michael Hanson Gales, Jr.

Filed May 10, 2023

View Opinion No. 22-0794

              Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (7 pages)

              Aaron Hanson Gales Jr. pled guilty to escaping from custody after being convicted of a felony and, at a combined sentencing hearing for four cases, was sentenced to a term of incarceration not to exceed five years for escaping from custody.  Hanson Gales was ordered to serve the five-year term consecutively to some of the terms in other cases.  On appeal, he argues the district court abused its discretion in sentencing him to jail and running the sentence consecutive to other terms of incarceration.  He points to his “young age,” claiming it should have been a strong mitigating factor, and maintains the court’s brief explanation for the sentence is insufficient.  OPINION HOLDS: Because Hanson Gales has not shown the court abused its discretion in reaching its sentencing decision and the court’s explanation of its decision, while concise, is sufficient for our review, we affirm Hanson Gales’s sentence.

Case No. 22-0795:  State of Iowa v. Aaron Dion Michael Hanson Gales, Jr.

Filed May 10, 2023

View Opinion No. 22-0795

              Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (3 pages)

                 In FECR420322, Aaron Hanson Gales Jr. pled guilty to two counts of assault on persons in certain occupations causing bodily injury.  In a multi-case sentencing hearing, he was ordered to serve a two-year term on each count, with those sentences running consecutive to one another (for a total of four years) and consecutive to his sentences in three other cases.  Hanson Gales appeals.  OPINION HOLDS: For the reasons provided in the companion case, State v. Hanson Gales, No. 22-0794, 2023 WL _______ (Iowa Ct. App. May 10, 2023), which we also decide today, we affirm. 

Case No. 22-0866:  In the Matter of the Meyers Family Revocable Trust

Filed May 10, 2023

View Opinion No. 22-0866

              Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  REVERSED AND REMANDED.  Considered by Greer, P.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

              Carl Gorman Meyers appeals the district court’s ruling granting an adverse summary judgment in this action alleging breach of fiduciary duties by co-trustees of the Meyers Family Revocable Trust.  OPINION HOLDS: The district court ruled on a ground the movant did not raise or brief in their motion for summary judgment, and of which the resisters had no notice or opportunity to respond.  We reverse and remand.

Case No. 22-0920:  In the Matter of the Workman Family Trust

Filed May 10, 2023

View Opinion No. 22-0920

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (5 pages)

            The beneficiary of a trust appeals a ruling approving the sale of real estate from the trust.  OPINION HOLDS: We find the proposed sale is reasonable and affirm the district court’s order granting the trust’s application to sell.

Case No. 22-0946:  State of Iowa v. Susan Rose Purcell-Varnell

Filed May 10, 2023

View Opinion No. 22-0946

            Appeal from the Iowa District Court for Muscatine County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Susan Rose Purcell-Varnell appeals her sentence following a guilty plea.  She contends the district court abused its discretion in not granting her a deferred judgment.  OPINION HOLDS: We find no abuse of discretion by the district court.

Case No. 22-0962:  In re the Marriage of Barche

Filed May 10, 2023

View Opinion No. 22-0962

              Appeal from the Iowa District Court for Buchanan County, Andrea J. Dryer, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (16 pages)

              David Barche appeals custody and financial provisions in the decree dissolving his marriage to Edyta Cichon-Barche.  He contends that the district court erred in four ways: (1) awarding shared physical care of their two children; (2) requiring him to pay spousal support; (3) ordering him to pay the guardian ad litem (GAL) fees; and (4) failing to credit him for the amount he paid for the children’s medical insurance when calculating the child support award.  Edyta requests an award of appellate attorney fees.  OPINION HOLDS: We find shared care was appropriate, traditional spousal support was equitable, and the court did not err in assigning all court costs, including the GAL fees, to David.  But we do find modification necessary on the child support calculation.  We remand for the district court to give David credit for his contribution to the children’s insurance.  Finally, because she prevails on most issues, we find Edyta is entitled to appellate attorney fees, which the court should determine on remand.

Case No. 22-0977:  State of Iowa v. Mark Alan Poggenpohl

Filed May 10, 2023

View Opinion No. 22-0977

              Appeal from the Iowa District Court for Washington County, John G. Linn, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J. (4 pages)

              Mark Alan Poggenpohl contends there is insufficient evidence to support his conviction for delivery of methamphetamine.  OPINION HOLD: Viewing the evidence in the light most favorable to the verdict, substantial evidence supports the jury’s verdict, so we affirm.

Case No. 22-0984:  State of Iowa v. Iowa District Court for Jasper County

Filed May 10, 2023

View Opinion No. 22-0984

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  WRIT SUSTAINED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            The State petitioned for certiorari, challenging a district court order which overturned an administrative law judge’s (ALJ) determination that the Department of Corrections was justified when it removed Augustus Stoy from the sexual offender treatment program.  The State claims the district court improperly supplanted the ALJ’s decision.  OPINION HOLDS: We find the district court erred by overturning the ALJ and sustain the writ.  

Case No. 22-0993:  Shri Lambodara, Inc. v. Parco, Ltd.

Filed May 10, 2023

View Opinion No. 22-0993

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Heard by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Parco appeals from the district court’s grant of summary judgment for Shri Lambodara.  OPINION HOLDS: We affirm, finding the district court did not err in determining the contested covenant was an affirmative easement or in dismissing Parco’s counterclaims.

Case No. 22-1350:  George Wilkie Watson v. Cassidy Lee Ollendieck

Filed May 10, 2023

View Opinion No. 22-1350

            Appeal from the Iowa District Court for Howard County, Richard D. Stochl, Judge.  AFFIRMED IN PART AND REMANDED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals a custody decree placing the parties’ child in their joint physical care.  OPINION HOLDS: We affirm the district court’s decision to place the parties’ child in their joint physical care and remand the case to the court to set a specific parenting schedule.  Both parties’ requests for appellate attorney fees are denied, and costs on appeal are assessed equally between the parties.

Case No. 22-1409:  State of Iowa v. Jordan Garrett Mckim Crawford

Filed May 10, 2023

View Opinion No. 22-1409

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

            Jordan McKim Crawford appeals the mandatory minimum sentence imposed for his conviction of robbery in the second degree.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

Case No. 22-1447:  State of Iowa v. James Paul Smith

Filed May 10, 2023

View Opinion No. 22-1447

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, District Associate Judge. APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (4 pages)

James Smith appeals his criminal convictions, following guilty pleas, claiming trial counsel was ineffective in failing to adequately advise him of the obligation to file a motion in arrest of judgment and the consequences of not filing.  OPINION HOLDS: Because Smith only forwards ineffective-assistance claims upon which we cannot provide relief on direct appeal, he does not have good cause to appeal following his guilty pleas.  As a result, we dismiss the appeal.

Case No. 22-1477:  In the Interest of J.F., Minor Child

Filed May 10, 2023

View Opinion No. 22-1477

            Appeal from the Iowa District Court for Madison County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A father appeals the termination of his parental rights under Iowa Code section 600A.8(3) (2021), contending (1) the mother failed to prove abandonment and (2) termination of his parental rights was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

Case No. 22-1783:  In re Guardianship of Wendt

Filed May 10, 2023

View Opinion No. 22-1783

            Appeal from the Iowa District Court for Crawford County, Steven J. Andreasen, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            William (Bill) and Mary Patricia (Pat) Wendt appeal the denial of Pat’s request to remove the co-guardians of their adult dependent daughter and denial of Bill’s request for visitation. Pat argues the co-guardians should be removed for failure to perform their lawful duties.  Bill requests supervised visitation after a prior court order revoked his visitation.  Pat and Bill also request that their appellate attorney fees be assessed against the appellees.  OPINION HOLDS: Upon our de novo review, we affirm the district court’s decision to not remove the co-guardians or award visitation to Bill.  We decline to award appellate attorney fees.

Case No. 22-1816:  In the Interest of B.B., Minor Child

Filed May 10, 2023

View Opinion No. 22-1816

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  Dissent by Tabor, P.J. (26 pages)

            A mother appeals the termination of her parental rights.  She claims the State did not establish a ground for termination.  She also claims termination is not in the child’s best interests, and that this court should decline to terminate her rights due to the close bond she shares with the child.  OPINION HOLDS: We find the State established a ground for termination by clear and convincing evidence.  Termination is in the child’s best interests.  And we decline to apply an exception.  We affirm.  DISSENT ASSERTS: Because I find the mother has left no serious or substantial doubts that termination will harm B.B. due to their strong bond, ending their relationship does not achieve justice.  I dissent.

Case No. 22-1873:  In the Interest of M.A., Minor Child

Filed May 10, 2023

View Opinion No. 22-1873

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

            A child appeals from disposition after she was adjudicated delinquent.  OPINION HOLDS: Because the child offered no evidence of improper factors or clearly untenable reasoning, we affirm.

Case No. 22-1984:  In the Interest of S.T. and T.R., Minor Children

Filed May 10, 2023

View Opinion No. 22-1984

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

            A mother appeals the termination of her parental rights to two children, contending (1) the record lacks clear and convincing evidence to support the grounds for termination cited by the district court; (2) termination was not in the children’s best interest; and (3) the district court should have granted exceptions to termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the children.

Case No. 23-0125:  In the Interest of C.J., C.J., N.J., and N.P.-R., Minor Children

Filed May 10, 2023

View Opinion No. 23-0125

              Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

              A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find termination of the mother’s parental rights is supported by clear and convincing evidence, termination is in the children’s best interests, none of the exceptions to termination should be applied, and the court properly denied the mother’s request to place the children in a guardianship.  We affirm the juvenile court’s decision terminating the mother’s parental rights.

Case No. 23-0235:  In the Interest of A.B., A.B., and A.W., Minor Children

Filed May 10, 2023

View Opinion No. 23-0235

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

                 The juvenile court terminated the mother’s parental rights to A.B. (born in 2019), A.B. (born in 2019), and A.W. (born in 2021) under Iowa Code section 232.116(1)(h) (2022).  The mother appeals, arguing (1) the children could have been returned to her custody at the time of the termination trial; (2) the loss of her rights is not in the children’s best interests; and (3) termination will be detrimental to the children based on the closeness of the parent-child relationships, so a permissive factor should preclude termination.  Alternatively, the mother requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to all three children. 

Case No. 23-0328:  In the Interest of A.H. and A.H., Minor Children

Filed May 10, 2023

View Opinion No. 23-0328

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  The mother contends the State did not establish a ground for termination.  She also asserts termination is not in the children’s best interests and that their close parent-child bond should preclude termination.  Both parents ask for a six-month extension.  OPINION HOLDS: We find the State established a ground for termination pursuant to Iowa Code section 232.116(1)(h) (2022).  Termination is in the children’s best interests.  We decline to grant the exception based on the parent-child bond.  And a six-month extension is not warranted for either parent. 

Case No. 23-0386:  In the Interest of L.F., Minor Child

Filed May 10, 2023

View Opinion No. 23-0386

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

            The father appeals a permanency review order.  OPINION HOLDS: We affirm.

Case No. 23-0399:  In the Interest of J.S., Minor Child

Filed May 10, 2023

View Opinion No. 23-0399

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established a statutory ground for termination as to both parents because the child could not be returned to the custody of either parent.  Termination is in the child’s best interests.  The father-child bond is not so strong as to preclude termination.  We do not grant the father additional time to work toward reunification.

Case No. 23-0433:  In the Interest of J.F., Minor Child

Filed May 10, 2023

View Opinion No. 23-0433

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

            A mother appeals the termination of her parental rights, contending it is not in the child’s best interests.  OPINION HOLDS: Because we conclude termination and adoption is in the child’s best interests, we affirm.

Case No. 23-0496:  In the Interest of S.C., Minor Child

Filed May 10, 2023

View Opinion No. 23-0496

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

              A mother appeals the termination of her parental relationship with her four-year-old son.  OPINION HOLDS: Because we find the grounds for termination were met, termination is in her son’s best interest, and no permissive exceptions apply, we affirm.

Case No. 23-0544:  In the Interest of E.S. and E.S., Minor Children

Filed May 10, 2023

View Opinion No. 23-0544

            Appeal from the Iowa District Court for Adair County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (4 pages)

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

Case No. 21-1145:  Brian Kenneth Brown, n/k/a Allison Nicole Brown v. State of Iowa

Filed Apr 26, 2023

View Opinion No. 21-1145

            Appeal from the Iowa District Court for O’Brien County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Blane, S.J.  Buller, J. and Carr, S.J., takes no part.  Opinion by Blane, S.J.  (11 pages)

            Allison Brown appeals the district court’s denial of her application for postconviction relief.  She claims her trial counsel provided ineffective assistance in failing to (1) inform Brown of the potential sentences she could receive on the charges set out in the trial information, (2) investigate her mental-health and substance-abuse history, (3) request a competency evaluation, and (4) obtain a psychosexual examination for mitigation purposes.  OPINION HOLDS: Brown failed to establish trial counsel was incompetent and failed to establish prejudice.

Case No. 21-1160:  Onterier Diran Brown v. State of Iowa

Filed Apr 26, 2023

View Opinion No. 21-1160

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Onterier Brown appeals the denial of his application for postconviction relief (PCR).  As he did to the PCR court, Brown claims appellate counsel provided ineffective assistance by not raising the issue of whether the district court was wrong to overrule trial counsel’s objection to alleged improper burden shifting by the prosecutor during closing argument.  OPINION HOLDS: We cannot say appellate counsel would have obtained a favorable ruling if she raised the burden-shifting issue on appeal.  So, she had no duty to do so, and Brown’s claim of ineffective assistance fails.  We affirm the denial of his PCR application.

Case No. 21-1606:  State of Iowa v. Phillip Bryant Koromah, Jr.

Filed Apr 26, 2023

View Opinion No. 21-1606

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Badding, J., and Doyle, S.J.* Opinion by Badding, J. (18 pages)

            Phillip Koromah appeals his conviction for first-degree murder, challenging the sufficiency of the evidence, prosecutorial misconduct or error, and the alleged strike of a potential juror based on race. OPINION HOLDS: We affirm, concluding there was sufficient evidence to prove the killing was intentional, Koromah was not prejudiced by any alleged misconduct or error, and the State offered a legitimate race-neutral reason for the potential juror strike.

Case No. 21-1609:  Ashley Jane Rathjen v. State of Iowa

Filed Apr 26, 2023

View Opinion No. 21-1609

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

            Ashley Rathjen appeals the denial of her application for postconviction relief, contending her trial counsel was ineffective in communicating the plea agreement and in failing to file a motion in arrest of judgment.  OPINION HOLDS: On our de novo review, we conclude Rathjen failed to establish deficient performance by either of her plea attorneys or prejudice.  We affirm the denial of her postconviction-relief application.

Case No. 21-1703:  State of Iowa v. Jessica Noelle Agan

Filed Apr 26, 2023

View Opinion No. 21-1703

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.  Heard by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Bower, C.J.  (13 pages)

            Jessica Agan appeals her convictions for neglect of a dependent person and child endangerment resulting in serious injury, challenging the sufficiency of the evidence for each offense and asserting the district court abused its discretion when ruling on her motion for new trial.  OPINION HOLDS: We reverse her child-endangerment conviction, affirm her conviction for neglect of a dependent person, affirm the district court’s ruling on the motion for new trial, and remand for resentencing.

Case No. 21-1782:  State of Iowa v. David Michael Stephen Bloomer

Filed Apr 26, 2023

View Opinion No. 21-1782

            Appeal from the Iowa District Court for Lee (South) County, Mark Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            David Bloomer appeals the indeterminate prison sentence not to exceed ten years imposed after his plea of guilty to burglary in the second degree.  OPINION HOLDS: The district court did not abuse its discretion in imposing a sentence of prison time instead of probation.  We affirm Bloomer’s sentence.

Case No. 22-0037:  State of Iowa v. Donald Melvin Wittenberg

Filed Apr 26, 2023

View Opinion No. 22-0037

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (8 pages)

            Donald Wittenberg appeals the district court’s denial of his motion to suppress following his conviction of operating while intoxicated, third offense, in violation of Iowa Code section 321J.2(2)(c) (2021).  OPINION HOLDS: Based on the totality of the circumstances, we do not find Wittenberg was seized and affirm the district court’s denial of his motion to suppress.

Case No. 22-0042:  State of Iowa v. Jason Michael Sines

Filed Apr 26, 2023

View Opinion No. 22-0042

            Appeal from the Iowa District Court for Keokuk County, Joel D. Yates, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            Jason Sines appeals the sentence imposed following a plea agreement.  He contends the court failed to state reasons for the sentence it imposed.  OPINION HOLDS: We determine Sines has not established good cause to appeal.  As a result, we dismiss the appeal.

Case No. 22-0088:  In the Interest of D.T., Minor Child

Filed Apr 26, 2023

View Opinion No. 22-0088

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            After being granted discretionary review, a child challenges a juvenile court order granting restitution for his delinquent act following entry of a consent decree.  He claims trial counsel was ineffective for failing to challenge the causal connection between his act and the restitution ordered.  OPINION HOLDS: We affirm, concluding the child suffered no prejudice from counsel’s alleged breaches of duty.  

Case No. 22-0128:  No Boundry, LLC v. Brandi Smithson

Filed Apr 26, 2023

View Opinion No. 22-0128

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (15 pages)

            The recipient of a tax sale deed appeals a district court ruling in its forcible-entry-and-detainer action finding the party in possession had a right to redeem under Iowa Code section 447.7 (2021) due to a “legal disability.”  On our own review, we observe questions about the finality of the court’s ruling and the code year the parties and the court used to analyze the right to redeem.  OPINION HOLDS: After concluding the court’s ruling was final and applying the correct version of the statute in our de novo review of the record, we conclude the party in possession was not entitled to redemption.  As a result, we reverse and remand with directions.

Case No. 22-0140:  Walter Ray Norem v. State of Iowa

Filed Apr 26, 2023

View Opinion No. 22-0140

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Walter Norem appeals the denial of his application for postconviction relief.  He claims his criminal trial counsel was ineffective for failing to present the jury with a “framed-for-financial-benefit” theory and appellate counsel was ineffective for failing to file a timely application for further review.  OPINION HOLDS: Trial counsel was not ineffective for deciding against presenting the framed-for-financial-benefit theory.  Norem cannot establish any resulting prejudice from appellate counsel’s failure to file a timely application for further review.

Case No. 22-0163:  State of Iowa v. Robert Conrad Storm

Filed Apr 26, 2023

View Opinion No. 22-0163

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

After he violated the terms of his probation, the district court revoked Robert Storm’s deferred judgment and imposed the two-year term of incarceration for his attempted-burglary conviction.  Storm appeals, arguing the district court “did not adequately consider [his] mental health issues” and that “keeping [him] on probation and supervising him was a more appropriate and effective way to address” his probation violations.  OPINION HOLDS: Because the district court chose an option properly before it and Storm has not shown the court abused its discretion in reaching its decision, we affirm.

Case No. 22-0184:  Rodney Fitzgerald Jackson v. State of Iowa

Filed Apr 26, 2023

View Opinion No. 22-0184

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            Rodney Jackson appeals the summary disposition of his application for postconviction relief claiming he received ineffective assistance of counsel when he pleaded guilty to assault on a healthcare worker.  OPINION HOLDS: Although Jackson presented genuine questions of material fact as to whether counsel’s performance was deficient, he failed to present a question of fact as to any resulting prejudice, i.e. he failed to present evidence he would have rejected the plea offer and insisted on going to trial absent counsel’s purported failures.  Because Jackson failed to generate a question of fact as to one of the required elements of an ineffective-assistance-of-counsel claim, the court correctly granted the State’s motion for summary judgment.

Case No. 22-0241:  State of Iowa v. Miguel Antonio Ruiz, Jr.

Filed Apr 26, 2023

View Opinion No. 22-0241

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J. (5 pages)

            Miguel Ruiz Jr. appeals the sentences imposed on his convictions, arguing the district court abused its discretion by relying on an improper sentencing factor.  OPINION HOLDS: Finding the court did not abuse its discretion by relying on an improper sentencing factor, we affirm. 

Case No. 22-0273:  Mark J. Den Hartog v. Iowa Department of Human Services

Filed Apr 26, 2023

View Opinion No. 22-0273

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (17 pages)

            Mark Den Hartog, a chiropractor, appeals from an Iowa Code chapter 17A (2019) proceeding reviewing the Iowa Department of Health and Human Services termination of his participation in the Iowa Medicaid program and the order requiring him to repay Medicaid payments made to him for services that he could not support with adequate documentation.  OPINION HOLDS: The department provided Den Hartog sufficient notice of his termination, correctly determined Den Hartog had to comply with the documentation requirements in Iowa Administrative Code Rule 441-79.3(2)(c)(2), and had the authority to investigate and sanction Den Hartog.  Iowa Administrative Code rules 441-79.2(2)(i), (l), and 441-79.3(2) are not unconstitutionally vague.  Den Hartog is not entitled to attorney fees. 

Case No. 22-0358:  Nickolous Jeffery Earl v. State of Iowa

Filed Apr 26, 2023

View Opinion No. 22-0358

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

            A postconviction-relief applicant appeals from a partial summary disposition ruling for the State.  OPINION HOLDS: Because the summary disposition ruling did not dispose of the entire case, we conclude the appeal is interlocutory.  Treating the appeal as an application for interlocutory review, we deny the request and dismiss the appeal.

Case No. 22-0394:  Caeden Tinklenberg v. Eurosport Motors, Inc.

Filed Apr 26, 2023

View Opinion No. 22-0394

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (3 pages)

            Caeden Tinklenberg appeals the denial of his combined motion for judgment notwithstanding the verdict and new trial.  OPINION HOLDS: Tinklenberg failed to preserve error on his claims.  So we have nothing to review and, therefore, affirm.

Case No. 22-0479:  In re Estate of Anderson v. Prasad

Filed Apr 26, 2023

View Opinion No. 22-0479

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Buller, JJ.  Opinion by Bower, C.J.  (17 pages)

            The Estate of Steven Anderson appeals from an adverse judgment in this medical malpractice case against Praveen Prasad, M.D., and the Iowa Surgery Center, P.C., claiming the district court abused its discretion in allowing Dr. Prasad to testify regarding the standard of care when he was not designated as an expert under Iowa Code section 668.11 (2019).  OPINION HOLDS: Finding no error of law or abuse of the court’s discretion in ruling on evidentiary matters, we affirm.

Case No. 22-0520:  State of Iowa v. Robbie John Hess

Filed Apr 26, 2023

View Opinion No. 22-0520

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (12 pages)

            Robbie Hess appeals his conviction for first-degree kidnapping.  OPINION HOLDS: I. Substantial evidence supports the jury’s finding that Hess removed B.M. and the removal occurred in Iowa.  II. The weight of the evidence supports the jury’s findings regarding removal and jurisdiction, as well as the finding that B.M. was incapacitated.  III. Hess did not preserve error on his challenge to the jury instruction.  Regardless, any error was not prejudicial.

Case No. 22-0600:  Scholtus v. Parkside Knolls-South Homeowners Assoc

Filed Apr 26, 2023

View Opinion No. 22-0600

            Appeal from the Iowa District Court for Appanoose County, Daniel P. Wilson, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Landowners Richard and Linda Scholtus appeal a declaratory judgment confirming the validity of certain restrictive covenants to real property.  Despite the statutory expiration of the original restrictive covenants, the district court found new restrictive covenants were duly adopted by the Parkside Knolls-South Homeowners Association in 2003.  OPINION HOLDS: Because the Scholtuses did not manifest assent to the 2003 covenants, we find they did not form a contract and are invalid.  We reverse the contrary ruling of the district court and remand for entry of an order consistent with this opinion.

Case No. 22-0741:  State of Iowa v. Trell Tyron Grant

Filed Apr 26, 2023

View Opinion No. 22-0741

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Trell Grant appeals his sentence following a guilty plea.  OPINION HOLDS: The district court considered permissible factors when sentencing Grant.

Case No. 22-0797:  State of Iowa v. Jonathan Allen Klein

Filed Apr 26, 2023

View Opinion No. 22-0797

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling and Wyatt P. Peterson, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Jonathan Klein appeals his conviction for failure to comply with sex offender registry requirements, challenging the sufficiency of the evidence to support the conviction and the court’s denial of his motion to substitute counsel.  OPINION HOLDS: We affirm.

Case No. 22-0885:  In re the Detention of Damion Armond Rutues

Filed Apr 26, 2023

View Opinion No. 22-0885

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

            Damion Rutues appeals a district court determination that he was a sexually violent predator, contending the record lacks sufficient evidence to support the determination.  OPINION HOLDS: Substantial evidence supports the district court’s determination that Rutues was a sexually violent offender.  Accordingly, we affirm the court’s civil commitment order.

Case No. 22-0934:  State of Iowa v. Elijah Samuel Paulson

Filed Apr 26, 2023

View Opinion No. 22-0934

            Appeal from the Iowa District Court for Dickinson County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Elijah Paulson appeals his convictions for second-degree sexual abuse, lascivious acts with a child, and child endangerment.  He challenges the sufficiency of the evidence supporting his convictions.  OPINION HOLDS:  Because substantial evidence supports his convictions when viewed in the light most favorable to upholding the verdicts, we affirm.

Case No. 22-1007:  State of Iowa v. Rusty Lee Throckmorton

Filed Apr 26, 2023

View Opinion No. 22-1007

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

            Rusty Throckmorton appeals the sentence imposed on his conviction for eluding while exceeding the speed limit by twenty-five miles per hour or more.  He argues the sentencing court abused its discretion “by solely considering the nature of the offense.”  OPINION HOLDS: Finding the court did not abuse its discretion as alleged, we affirm the sentence imposed.

Case No. 22-1014:  Gregory v. The Alaris Group

Filed Apr 26, 2023

View Opinion No. 22-1014

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Wayne Gregory appeals the district court’s grant of summary judgment for the defendants on his invasion-of-privacy claim.  OPINION HOLDS: We affirm, finding Gregory failed to create a genuine issue of material fact and the district court was correction in its conclusions.

Case No. 22-1044:  Safe Building Compliance & Technology v. Michelle Bernholtz, n/k/a Michelle Naughton

Filed Apr 26, 2023

View Opinion No. 22-1044

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Greer, P.J.  (27 pages)

                Safe Building Compliance & Technology (SBCT), a nonprofit corporation, sought to hold former director Michelle Naughton (formerly Bernholtz) liable for misappropriated funds in the amount of $481,481.  Naughton admitted liability for some corporate funds that were improperly used on personal expenses but challenged others as expenses that were approved by the board of directors or spent after she resigned her position as director.  Following a trial to the bench, the district court ordered Naughton to reimburse SBCT a total of $269,290.94.  On appeal, Naughton disputes her liability for $78,425.38 spent on disability- and life-insurance policies for herself and her husband; $19,900 for excessive lease payments to a limited liability company owned by Naughton and Bernholtz; and $144,077 for construction and renovation expenses for the property owned by the limited liability company.  OPINION HOLDS: Having interpreted and applied Iowa Code section 504.832 (2020), we agree with the district court that Naughton is liable for each of the challenged amounts.  We affirm.

Case No. 22-1097:  Forest Hill Farm Products, LLC v. Landsgard

Filed Apr 26, 2023

View Opinion No. 22-1097

            Appeal from the Iowa District Court for Clayton County, Alan T. Heavens, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            Landsgard appeals an injunction concerning the spraying of herbicides, pesticides, and other chemicals on their crops.  They contend the injunction is unnecessary to prevent harm to Forest Hill’s organic farm.  OPINION HOLDS: We uphold the injunction in favor of Forest Hill.  

Case No. 22-1245:  Walderbach v. Rompot

Filed Apr 26, 2023

View Opinion No. 22-1245

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Plaintiffs David and Donna Walderbach appeal the grant of summary judgment in favor of Defendants Barb Rompot and Virginia Forest on the Walderbachs’ defamation and interference-with-contract claims.  OPINION HOLDS: There is no genuine issue of material fact that the allegedly defamatory statements were substantially true, and the Walderbachs failed to generate a fact question on virtually all elements of their interference-with-contract claim, including the existence of a third-party contract.

Case No. 22-1273:  State of Iowa v. Brian Thomas Woods

Filed Apr 26, 2023

View Opinion No. 22-1273

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Brian Woods appeals his jail sentence for reckless use of fire.  He argues the district court abused its discretion by not following the State’s sentencing recommendation.  OPINION HOLDS: Because the district court’s sentence was not unreasonable nor based on untenable grounds, we affirm.

Case No. 22-1340:  U.S. Bank v. Cassady

Filed Apr 26, 2023

View Opinion No. 22-1340

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            U.S. Bank National Association (U.S. Bank) appeals the district court’s assignment of surplus funds from a foreclosure proceeding.  OPINION HOLDS: U.S. Bank was entitled to the surplus proceeds from the proceeding, and so we vacate and remand to the district court to direct these funds to U.S. Bank.

Case No. 22-1388:  State of Iowa v. Daniel Lee Kessler, Sr

Filed Apr 26, 2023

View Opinion No. 22-1388

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Daniel Kessler appeals his sentence following his guilty plea.  He claims he did not waive use of a presentence investigation report (PSI) and the court failed to provide reasons for its sentencing determination.  OPINION HOLDS: Kessler waived consideration of a PSI at sentencing.  We will not reverse based on the court’s failure to provide reasons for sentencing because the court imposed the sentence agreed upon by the parties.

Case No. 22-1397:  State of Iowa v. Terry Wayne McDole

Filed Apr 26, 2023

View Opinion No. 22-1397

            Appeal from the Iowa District Court for Hardin County, Hans Becker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly,  JJ  Opinion by Vaitheswaran, P.J. (3 pages)

            Terry McDole appeals the sentence imposed following his guilty plea to domestic abuse assault, second offense.  He argues the district court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: We conclude the district court did not abuse its discretion in imposing consecutive sentences.

Case No. 22-1467:  In the Interest of P.B., Minor Child

Filed Apr 26, 2023

View Opinion No. 22-1467

            Appeal from the Iowa District Court for Marion County, Erica Crisp, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion per curiam.  Dissent by Tabor, J.  (17 pages).

            A father appeals the termination of his parental rights to his daughter under Iowa Code chapter 600A (2021).  OPINION HOLDS: Because we agree that the father economically abandoned his child and termination is the child’s best interest, we affirm.  DISSENT ASSERTS: Because the mother did not offer clear and convincing proof that terminating the father’s rights was in the daughter’s best interests, I dissent.

Case No. 22-1512:  State of Iowa v. Sean Michael Saake

Filed Apr 26, 2023

View Opinion No. 22-1512

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            Sean Saake appeals the sentence imposed on his conviction for stalking, claiming the court erred in denying his request for a deferred judgment.  OPINION HOLDS: We affirm the sentence imposed.

Case No. 22-1516:  In re Marriage of Schroeder

Filed Apr 26, 2023

View Opinion No. 22-1516

            Appeal from the Iowa District Court for Greene County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Shelly Schroeder appeals the amount of spousal support and attorney fees awarded in the decree dissolving her marriage to Aaron Schroeder.  OPINION HOLDS: Because the spousal support award balances Shelly’s needs and Aaron’s ability to pay and the district court exercised its discretion in only awarding Shelly part of her trial attorney fees, we affirm.  We decline to award appellate attorney fees.

Case No. 22-1757:  Daniel Fred Goldsberry, Jr. v. Michelle Lynn Bond

Filed Apr 26, 2023

View Opinion No. 22-1757

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Daniel Goldsberry appeals from a district court ruling granting Michelle Bond physical care of their two shared children.  OPINION HOLDS: Finding the district court’s ruling is in the best interests of the children and not based on any improper considerations, we affirm.

Case No. 22-2038:  In the Interest of L.B., L.B., C.H., and C.B., Minor Children

Filed Apr 26, 2023

View Opinion No. 22-2038

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights, challenging the grounds for termination.  OPINION HOLDS: We affirm.

Case No. 22-2089:  In the Matter of C.B., Alleged to Be Seriously Mentally Impaired

Filed Apr 26, 2023

View Opinion No. 22-2089

            Appeal from the Iowa District Court for Woodbury County, Robert D. Tiefenthaler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (7 pages)

            C.B. appeals an order of noncompliance finding him to be seriously mentally impaired.  OPINION HOLDS: We affirm.

Case No. 23-0013:  In the Interest of O.D., C.D., K.D., and T.D., Minor Children

Filed Apr 26, 2023

View Opinion No. 23-0013

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

            A mother and father of four children appeal the district court’s adjudication of their children as in need of assistance under Iowa Code section 232.96A(3)(b) and 232.96A(14) (2022).  OPINION HOLDS: We affirm the district court’s adjudication of the children as in need of assistance. 

Case No. 23-0123:  In the Interest of C.H., Minor Child

Filed Apr 26, 2023

View Opinion No. 23-0123

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  Both challenge the statutory grounds for termination and whether termination is in their child’s best interests.  OPINION HOLDS: We grant the father a delayed appeal.  The State established statutory grounds for termination as to both parents because the child could not be returned to the custody of either parent, and termination is in the child’s best interests.

Case No. 23-0154:  In the Interest of L.T. and L.T., Minor Children

Filed Apr 26, 2023

View Opinion No. 23-0154

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

              A mother and father separately appeal the termination of their parental rights.  The mother argues the State did not prove the statutory ground for termination, termination is not in the children’s best interests, and the court should provide her with additional time for reunification.  The father argues the court should grant him additional time for reunification or establish a guardianship in lieu of termination.  OPINION HOLDS: Due to the parents’ limited progress and the children’s behavioral and mental-health concerns, we reject the parents’ arguments and affirm the juvenile court.

Case No. 23-0178:  In the Interest of E.W., Minor Child

Filed Apr 26, 2023

View Opinion No. 23-0178

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights.  He claims the State did not establish a ground for termination, that termination is not in the child’s best interests, and that the court should have applied an exception due to his bond with the child.  He also asks for a six-month extension for reunification, and contends the Iowa Department of Health and Human Services failed to make reasonable efforts.  OPINION HOLDS:  We conclude the State established a ground for termination, which is in the child’s best interests.  We decline to apply an exception or grant a six-month extension.  And we find the father did not preserve his claim pertaining to reasonable efforts and, even if he had, such claim lacks merit.  We affirm

Case No. 23-0238:  In the Interest of P.C., Minor Child

Filed Apr 26, 2023

View Opinion No. 23-0238

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A mother appeals the termination of her parental rights, arguing termination is not in the child’s best interests and she should have been granted additional time.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 23-0252:  In the Interest of D.R., W.R., R.R., and G.Y., Minor Children

Filed Apr 26, 2023

View Opinion No. 23-0252

            Appeal from the Iowa District Court for Clarke County, Monty W. Franklin, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights to their children.  OPINION HOLDS: Clear and convincing evidence shows the children cannot be returned to the father due to his unresolved substance-abuse issues, establishing the grounds for termination under Iowa Code section 232.116(f) (2022).  Termination is in the children’s best interests, and none of the circumstances listed in section 232.116(3) weighs against terminating either the mother’s or father’s parental rights.

Case No. 23-0254:  In the Interest of Z.J., Minor Child

Filed Apr 26, 2023

View Opinion No. 23-0254

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A father appeals the termination of his parental rights to his child, challenging the grounds for termination and contending termination is not in the child’s best interests.   OPINION HOLDS: Upon our review, we affirm.

Case No. 23-0318:  In the Interest of K.W., Minor Child

Filed Apr 26, 2023

View Opinion No. 23-0318

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

                The juvenile court terminated the father’s parental rights to five-year-old K.W. under Iowa Code section 232.116(1)(b) (abandonment or desertion) and (e) (failure to maintain significant and meaningful contact) (2022).  The father appeals, arguing the loss of his rights is not in K.W.’s best interests.  OPINION HOLDS: K.W. does not know or have a relationship with the father, and we will not ask him to wait longer for permanency.  Termination of the father’s rights is in K.W.’s best interests, so we affirm.

Case No. 23-0351:  In the Interest of M.W., Minor Child

Filed Apr 26, 2023

View Opinion No. 23-0351

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (3 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the father’s challenge—consisting of only conclusory statements without citations to the record or any meaningful substantive argument—insufficient to facilitate our review and therefore waived.  As a result, we affirm. 

Case No. 23-0352:  In the Interest of J.R. and L.R., Minor Children

Filed Apr 26, 2023

View Opinion No. 23-0352

            Appeal from the Iowa District Court for Marion County, Erica Crisp, District Associate Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (10 pages)

            A father appeals the termination of his parental rights to his two children.  OPINION HOLDS: Because grounds for termination exist and termination is in the children’s best interests, we affirm.

Case No. 21-1192:  State of Iowa v. Tanner William Hart

Filed Apr 12, 2023

View Opinion No. 21-1192

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Tanner Hart appeals his conviction for third-degree sexual abuse, arguing the district court should have struck a prospective juror for cause.  He also contends trial counsel was ineffective.  OPINION HOLDS: Because Hart fails to provide authority in support of his jury challenge, we dismiss his appeal.  We cannot address the ineffective-assistance claim on direct appeal. 

Case No. 21-1363:  State of Iowa v. Fermin Jose Maldonado

Filed Apr 12, 2023

View Opinion No. 21-1363

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

              Fermin Maldonado appeals from his convictions for sexual abuse in the third degree and burglary in the first degree.  He argues the evidence is insufficient to support either of his convictions.  OPINION HOLDS: We find substantial evidence to support both verdicts.

Case No. 22-0126:  Pistol Limited Company v. Green Family Flooring, Inc.

Filed Apr 12, 2023

View Opinion No. 22-0126

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            Green Family Flooring, Inc. (Green) appeals the district court’s decision finding Pistol Limited Co. (Pistol) did not breach the right of first refusal in the parties’ lease agreement.  OPINION HOLDS: Pistol could not defeat Green’s right of first refusal by requiring them to buy a larger property as part of a package deal.  A package deal cannot defeat a right of first refusal.  We reverse the decision of the district court and remand for further proceedings.

Case No. 22-0139:  State of Iowa v. Michael Garrick Denson

Filed Apr 12, 2023

View Opinion No. 22-0139

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            Michael Denson was convicted by jury trial of assault on persons in certain occupations causing bodily injury and interference with official acts resulting in bodily injury.  He contends there was insufficient evidence he was aware the victims were peace officers performing lawful acts within their authority.  He also contends the State violated the motion in limine.  OPINION HOLDS: Finding no merit in either claim, we affirm.

Case No. 22-0319:  In re Marriage of Paulsen

Filed Apr 12, 2023

View Opinion No. 22-0319

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Dale Paulsen appeals the decree dissolving his marriage to Teresa Gilliam, contending the district court should have awarded him (1) a portion of the increase in equity in Teresa’s home, (2) the appreciation in Teresa’s retirement accounts, (3) a credit for half the difference in the funds each withdrew from a joint bank account; and (4) a credit for Teresa’s alleged dissipation of assets.  OPINION HOLDS: We affirm the dissolution decree entered by the court.

Case No. 22-0492:  State of Iowa v. Daniel Harold Smith

Filed Apr 12, 2023

View Opinion No. 22-0492

              Appeal from the Iowa District Court for Black Hawk County, Melissa A. Anderson-Seeber, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

              Daniel Smith appeals from his convictions and sentence for attacking a woman with a knife.  OPINION HOLDS: Smith failed to preserve error on his challenges to the timeliness of the amended trial information and to possible juror bias.  The court properly considered the relevant sentencing factors, and we find no abuse of discretion in the sentence imposed.

Case No. 22-0763:  State of Iowa v. Jose Julian Sanchez

Filed Apr 12, 2023

View Opinion No. 22-0763

            Appeal from the Iowa District Court for Tama County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Jose Julian Ovides Sanchez appeals his conviction for operating while intoxicated first offense.  He contends the court erred in denying his motion to suppress.  OPINION HOLDS: The district court properly denied the motion, so we affirm. 

Case No. 22-0765:  State of Iowa v. Adam Michael Wade

Filed Apr 12, 2023

View Opinion No. 22-0765

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (7 pages)

            Adam Wade appeals his sentence for delivery of five grams or less of methamphetamine.  He claims the State breached the plea agreement by not fully supporting the joint sentencing recommendation.  OPINION HOLDS: The prosecutor breached the plea agreement by merely reciting rather than recommending the proposed sentence and by expressing implicit reservations about the joint sentencing recommendation by highlighting negative facts without further explanation.  We must vacate the sentence and remand for resentencing before a different judge.

Case No. 22-0843:  State of Iowa v. Bobby Fitzgerald Hunt, Jr.

Filed Apr 12, 2023

View Opinion No. 22-0843

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (8 pages)

            Bobby Hunt Jr. appeals his convictions and sentences on two counts of homicide by vehicle.  OPINION HOLDS: I. Because sufficient evidence supports a finding that Hunt’s intoxication caused Marietta’s death, we affirm Hunt’s conviction of homicide by vehicle by operating under the influence.  II. Based on the “one homicide” rule, we vacate the judgment and sentence entered on Hunt’s conviction of homicide by reckless driving and remand for the entry of a corrected judgment and sentencing order.

Case No. 22-0940:  In the Interest of L.H., Alleged to be seriously mentally impaired

Filed Apr 12, 2023

View Opinion No. 22-0940

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Per Curiam, J.  (9 pages)

            L.H. appeals a district court order continuing his civil commitment.  He contends counsel was ineffective for failing to move to recuse the judge, failing to object to a periodic report, and failing to adequately challenge his commitment.  He also challenges the sufficiency of the evidence.  OPINION HOLDS: We find counsel was not ineffective.  Sufficient evidence supports L.H.’s continued commitment.  We affirm. 

Case No. 22-1031:  State of Iowa v. Kenneth Albert Crews

Filed Apr 12, 2023

View Opinion No. 22-1031

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

            Kenneth Crews appeals his convictions for two counts of lascivious acts with a child.  He alleges there was insufficient evidence to support the guilty verdicts and the district court abused its discretion in selecting a jury instruction on implicit bias.  OPINION HOLDS: We affirm because substantial evidence supports the verdicts and the district court did not abuse its discretion.

Case No. 22-1032:  Douglas Kent Lindaman v. State of Iowa

Filed Apr 12, 2023

View Opinion No. 22-1032

            Appeal from the Iowa District Court for Mitchell County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (4 pages)

            Lindaman raises several constitutional challenges to the sexual offender treatment program and asserts his actual innocence.  OPINION HOLDS:  Because Lindaman’s application is time-barred by the three-year statutory limit imposed by Iowa Code section 822.3 (2021), we affirm the district court’s denial of Lindaman’s PCR application. 

Case No. 22-1267:  John Joseph Benge v. Wayne Michael Lautenbach

Filed Apr 12, 2023

View Opinion No. 22-1267

            Appeal from the Iowa District Court for Wayne County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            Wayne Michael Lautenbach appeals the denial of his motion to dismiss, in which he argued the court lacked the subject matter jurisdiction to enforce a foreign judgment that he argues did not comply with Iowa Code section 626A.2(1) (2021).  OPINION HOLDS: Because the district court rightly found Lautenbach was really challenging venue, not subject matter jurisdiction, and had waived that complaint, we affirm. 

Case No. 22-1299:  In re The Marriage of Bainbridge

Filed Apr 12, 2023

View Opinion No. 22-1299

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  Special Concurrence by Badding, J. (12 pages)

            Troy Bainbridge appeals several provisions of the decree dissolving his marriage to Amanda Bainbridge.  OPINION HOLDS: We affirm, finding the district court was correct in its valuation of Troy’s business, its approximation of Troy’s yearly income, and its spousal support award to Amanda.  We also decline to order any appellate attorney fees.  SPECIAL CONCURRENCE ASSERTS: I concur in the result reached here, due to the deference afforded to the district court by our case law.  However, under the same multifactored statutory approach, I would have reached a different conclusion, especially considering Amanda’s ability to support herself at a standard of living reasonably comparable to that enjoyed during the marriage.

Case No. 22-1329:  In re the Marriage of Enke

Filed Apr 12, 2023

View Opinion No. 22-1329

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            Sarah Enke appeals the denial of her request to modify physical care and the grant of Jason Enke’s request for a postsecondary education subsidy.  OPINION HOLDS: We find no abuse in the district court’s discretion in limiting the testimony of Sarah’s witness who was not designated an expert.  Because we find there was not a substantial change in circumstances and joint physical care would not be in the children’s best interests, we affirm the district court’s modification order maintaining physical care of the two minor children with Jason.  We also affirm the modification requiring a postsecondary education subsidy obligation for Sarah, but modify the order to require a postsecondary education subsidy for Jason.  We decline to award Jason appellate attorney fees. 

Case No. 22-1506:  State of Iowa v. Tyrone DeAnthony Jones

Filed Apr 12, 2023

View Opinion No. 22-1506

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Ackley, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J. (10 pages)

            Tyrone Jones appeals his indeterminate fifteen-year sentence for three drug-related convictions raising three issues.  He argues that the district court failed to give reasons for his consecutive sentence.  He also claims the court’s written judgment conflicts with the oral pronouncement.  And he asserts that the district court considered unproven conduct and impermissible sentencing factors.  OPINION HOLDS: Because the State concedes the first two issues and the district court considered inappropriate matters in sentencing Jones, we reverse and remand for sentencing before a different judge.

Case No. 22-1539:  State of Iowa v. Charles Edward Whittinghill, Jr.

Filed Apr 12, 2023

View Opinion No. 22-1539

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

            Charles Whittinghill appeals his sentence, contending the district court abused its discretion by imposing incarceration.  OPINION HOLDS: We determine the court did not abuse its discretion in sentencing Whittinghill to a period of incarceration. 

Case No. 22-1613:  Shane A. Schoenberger v. Acuity, A Mutual Insurance Company and Zephyr Aluminum Products

Filed Apr 12, 2023

View Opinion No. 22-1613

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  Dissent by Greer, J. (10 pages)

            This appeal concerns the narrow question of error preservation in the administrative law context.  Shane Schoenberger contends the district court erred in finding he did not preserve error on the issue of whether he was entitled to industrial disability benefits for a combined shoulder and arm injury.  OPINION HOLDS: Upon our review of the proceedings before the Iowa Division of Workers’ Compensation, we find the issue was preserved.  Accordingly, we reverse and remand to the agency for adjudication on the merits of this issue.  DISSENT ASSERTS: Given our deference to the agency, I would affirm the commissioner’s ruling over the compensation for the work-related shoulder injury.

Case No. 22-1676:  Rachel Erin Wagner v. Dylan James Berns

Filed Apr 12, 2023

View Opinion No. 22-1676

            Appeal from the Iowa District Court for Clayton County, Laura Parrish, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (8 pages)

            Dylan Berns challenges the court order giving Rachel Wagner physical care of the parties’ minor child; he argues the court should have ordered the parents to share joint physical care.  In the alternative, he requests more visitation than the district court gave him.  OPINION HOLDS: We agree with the district court that joint physical care is not the best arrangement for the child, and we affirm the visitation schedule. 

Case No. 22-1875:  In the Interest of G.C. and L.C., Minor Children

Filed Apr 12, 2023

View Opinion No. 22-1875

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON THE MOTHER’S APPEAL; REVERSED AND REMANDED ON GUARDIAN AD LITEM’S APPEAL AND STATE’S APPEAL.  Considered by Schumacher, P.J., Ahlers and Buller, JJ.  Opinion by Schumacher, J.  (20 pages)

            A mother appeals the termination of her parental rights.  Both the State and guardian ad litem appeal the court’s order denying the petition to terminate the father’s rights.  OPINION HOLDS: We determine the State established a ground for termination of the mother’s parental rights, termination of the mother’s parental rights is in the children’s best interest, and an exception contained in Iowa Code section 232.116(3) (2022) should not be applied to preclude the termination of the mother’s parental rights.  We also conclude the State established a ground for termination of the father’s parental rights, termination of the father’s parental rights is in the children’s best interest, and an exception should not be applied to preclude termination of the father’s parental rights.  Accordingly, we affirm the termination of the mother’s parental rights.  We reverse and remand for entry of an order terminating the father’s parental rights pursuant to Iowa Code section 232.116(1)(g) concerning the State’s and guardian ad litem’s appeal.

Case No. 22-1896:  In the Interest of E.B., Minor Child

Filed Apr 12, 2023

View Opinion No. 22-1896

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

            A mother appeals the termination of her parental rights to her child, contending her rights should not have been terminated because she was not the reason for the underlying child-in-need-of-assistance proceeding, reasonable efforts at reunification were not made, and a guardianship should have been established instead of termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.  SPECIAL CONCURRENCE ASSERTS: I would summarily affirm the termination of parental rights or dismiss the appeal for failure to comply with the rules of appellate procedure.   

Case No. 22-2093:  In the Interest of J.C. and N.C., Minor Children

Filed Apr 12, 2023

View Opinion No. 22-2093

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (17 pages)

            Parents separately appeal the termination of their parental rights to two children.  OPINION HOLDS: We affirm the termination of each parent’s parental rights. 

Case No. 23-0010:  In the Interest of K.D. and A.D., Minor Children

Filed Apr 12, 2023

View Opinion No. 23-0010

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (5 pages)

            The biological father of K.D. (born in 2014) and the biological father of A.D. (born in 2017) separately appeal the termination of their respective parental rights.  K.D.’s father argues the statutory ground was not proved, he should get additional time to work toward reunification, and the parent-child bond precludes termination.  A.D.’s father challenges the statutory ground and argues he should get more time to work toward reunification.  OPINION HOLDS: We affirm the termination of each father’s parental rights.

Case No. 23-0095:  In the Interest of M.C. and A.V., Minor Children

Filed Apr 12, 2023

View Opinion No. 23-0095

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother and a father separately appeal the order terminating their parental rights.  OPINIONS HOLD: There is no evidence showing termination would harm the children based on the closeness of a parent-child bond.  Because termination is in the children’s best interests, we affirm on both appeals.

Case No. 23-0098:  In the Interest of K.S. and M.S., Minor Children

Filed Apr 12, 2023

View Opinion No. 23-0098

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the termination of the father’s parental rights is supported by clear and convincing evidence, termination is in the children’s best interests, no exceptions to termination should be applied, and Iowa Health and Human Services provided reasonable efforts to reunify the family.  We affirm the decision of the district court.

Case No. 23-0106:  In the Interest of K.M., Minor Child

Filed Apr 12, 2023

View Opinion No. 23-0106

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (14 pages)

            A mother and father separately appeal the termination of their parental rights to one child, K.M.  Both parents maintain the statutory ground is unsatisfied, reasonable efforts were not provided, termination is not in the child’s best interests, guardianship would have been more appropriate, and their parent-child bonds merit an exception to termination.  The mother also argues she should have been granted an extension of time.  OPINION HOLDS: Upon our de novo review, we affirm termination of their parental rights to K.M. 

Case No. 23-0146:  In the Interest of H.H., Minor Child

Filed Apr 12, 2023

View Opinion No. 23-0146

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother and father each appeal the termination of their parental rights to a child, arguing the State failed to prove one of the grounds for termination and did not make reasonable efforts toward reunification, the juvenile court should have granted them a six-month extension, termination is not in the child’s best interests, and a statutory exception to termination should have applied.  OPINION HOLDS: Because the parents do not dispute one of the grounds for termination, the State made reasonable efforts toward reunification, a six-month extension would not alleviate the concerns preventing reunification, termination is in the child’s best interests, and no statutory exception should prevent termination, we affirm on both appeals.

Case No. 23-0190:  In the Interest of J.M. and A.M., Minor Children

Filed Apr 12, 2023

View Opinion No. 23-0190

            Appeal from the Iowa District Court for Buena Vista County, Kristal L. Phillips, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            The father appeals termination of his parental rights to two children.  OPINION HOLDS: Based on the father’s lengthy history of domestic abuse, repeat violations of no-contact orders, and belligerent behavior toward social workers, we affirm

Case No. 23-0250:  In the Interest of M.N., Minor Child

Filed Apr 12, 2023

View Opinion No. 23-0250

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A mother, Lindsey, appeals the termination of her parental rights to her three-year-old son.  She argues it was not in her son’s best interests and a permissive factor advises against termination.  She also requests more time.  OPINION HOLDS: Because we find termination is in the child’s best interest, no permissive exception applies, and the evidence does not support delaying the child’s permanency, we affirm.

Case No. 21-1032:  State of Iowa v. Roberto Luis Rosado Davila

Filed Mar 29, 2023

View Opinion No. 21-1032

            Appeal from the Iowa District Court for Polk County, Christopher Kemp and Becky Goettsch, District Associate Judges.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Roberto Luis Rosado Davila appeals from his conviction for operating while under the influence (OWI), first offense, and driving while his license was revoked.  He contends the district court should have suppressed evidence from the traffic stop and suspended his fine for OWI.  OPINION HOLDS: The investigating officer had reasonable suspicion to conduct the traffic stop, and the court had no discretion to suspend his fine. 

Case No. 21-1108:  State of Iowa v. Curtis T. Jarrett

Filed Mar 29, 2023

View Opinion No. 21-1108

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Curtis Jarrett appeals the denial of his motion in arrest of judgment.  OPINION HOLDS: We grant discretionary review and affirm the conviction.

Case No. 21-1381:  State of Iowa v. Joshua David Knutson

Filed Mar 29, 2023

View Opinion No. 21-1381

            Appeal from the Iowa District Court for Floyd County, Gregg Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Joshua Knutson appeals his convictions for sexual abuse and incest.  OPINION HOLDS: Because the trial court did not abuse its discretion in denying Knutson’s motion for new trial and substantial evidence supports his convictions, we affirm.

Case No. 21-1427:  Harlan J. Mott Jr. v. State of Iowa

Filed Mar 29, 2023

View Opinion No. 21-1427

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (4 pages)

            Harlem Mott appeals the dismissal of his application for postconviction relief as untimely.  He argues his appeal is timely under Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018) or the doctrine of equitable tolling.  In the alternative, he argues the time limit is unconstitutional.  OPINION HOLDS: Because Allison has been abrogated by statute, our state has not adopted the doctrine of equitable tolling, and Mott did not preserve error as to his constitutional challenge, we affirm.

Case No. 21-1479:  State of Iowa v. Casey Edward Ludin

Filed Mar 29, 2023

View Opinion No. 21-1479

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson and John D. Telleen, Judges.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            Casey Ludin appeals his sentence for second-degree robbery.  He claims the district court considered an unproven claim that he a