January 2023 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (13 pages)

            Following a bench trial, Jordan Christopher Henry was convicted of second-degree murder and first-degree arson.  On appeal, Henry challenges only his conviction for second-degree murder and contends there is insufficient evidence of malice aforethought to support the conviction, his constitutional right to present a defense was violated when the district court ruled he could not rely on “methamphetamine-induced psychosis” as a complete defense, the evidence established he was insane as a result of his voluntary intoxication, and resentencing is needed because the court’s statements were ambiguous.  OPINION HOLDS: Finding no merit in any of his claims and a clear intent to impose consecutive sentences, we affirm.

            Appeal from the Iowa District Court for Franklin County, Dedra L. Schroeder, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (8 pages)

            Brad and Susan Staley (the Staleys) filed a replevin action to regain farm equipment from the Estate of Kevin L. Barz (the Estate) and, following a trial nearly two years later, were successful in proving they owned the two Timpte grain trailers and the John Deere combine at issue.  But the district court denied the Staleys’ request for incidental damages, which they claimed they incurred due to the Estate’s retention of their farm equipment.  On appeal, the Staleys challenge the denial of their request for damages; they ask us to award them $66,814.53.  OPINION HOLDS: Because the Estate wrongfully detained the Staleys’ equipment, the Staleys shall be awarded incidental damages for loss of use.  Therefore, we reverse the district court’s denial of incidental damages and award the Staleys $66,814.53.

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright and Michael J. Schilling, Judges.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Tabor, J.  (16 pages)

            An owner challenges the grant of summary judgment on its claims of inverse condemnation, due process, trespass, and conversion.  OPINION HOLDS: Because we find no genuine issues of material fact, we affirm.

                        Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Michelle Tuttle appeals the district court’s dismissal of her petition for writ of certiorari challenging the workers’ compensation commissioner’s ruling on an interlocutory appeal concerning a discovery dispute in proceedings before the commissioner.  OPINION HOLDS: We find the exclusive means of challenging a decision of the workers’ compensation commissioner regarding a discovery dispute is through a petition for judicial review under Iowa Code chapter 17A (2020).  We reverse the district court’s decision because Tuttle’s petition for writ of certiorari could be considered by the district court as a petition for judicial review.  On remand, the court should determine the appropriateness of interlocutory review considering whether adequate administrative remedies have been exhausted and whether review of the final agency action would not provide an adequate remedy.

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (3 pages)

            The court accepted the parties’ global plea agreement and sentenced the defendant in accordance with the agreed-upon sentence.  The defendant contends the court did articulate its reasons for denying him probation.  OPINION HOLDS: The defendant got what he bargained for, and having failed to show good cause to appeal, the appeal must be dismissed.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J. (16 pages)

            Michael Harper appeals from his convictions and sentences for possession of a firearm by a felon and first-degree harassment, contending there is insufficient evidence to sustain the convictions and the court abused its discretion in admitting certain evidence and in sentencing.  OPINION HOLDS: Because there is substantial evidence to support the convictions and we discern no abuse of discretion in the court’s evidentiary ruling or the sentence imposed, we affirm.

            Appeal from the Iowa District Court for Jefferson County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (2 pages)

            Danny Morris Jr. appeals from his conviction of driving with a revoked license.  OPINION HOLDS: Because Morris has not preserved error and we cannot employ plain error review, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra Schroeder, Judge.  AFFIRMED.  Heard by Greer, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Greer, P.J. (9 pages)

            Benjamin Gonzalez appeals his conviction for first-degree murder.  He argues the district court abused its discretion in denying his motion for mistrial after a police officer testified that an eyewitness was interviewed a second time “after . . . she was assaulted.”  OPINION HOLDS: Under the facts here, the district court did not abuse its discretion in denying Gonzalez’s motion for mistrial.  We affirm his conviction for first-degree murder.

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

            Plaintiff appeals an adverse jury verdict, raising two challenges to the jury instructions.  OPINION HOLDS: We affirm the verdict.  Plaintiff’s counsel did not object to a jury instruction at trial and is barred from raising it on appeal.  The other instruction was supported by substantial evidence.

            Appeal from the Iowa District Court for Johnson County, Jason D. Besler, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Greer, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J. (17 pages)

            Stephen LuCore appeals his convictions and sentences for homicide by vehicle, serious injury by vehicle, second-degree murder, willful injury causing serious injury, and three counts of willful injury causing bodily injury—all stemming from a motor vehicle collision precipitated by LuCore driving in the wrong direction on an interstate in an attempt at suicide.  First, as to his four willful injury convictions, LuCore argues the evidence was insufficient to establish he acted with the specific intent to cause serious injury to the passengers in the other vehicle.  Second, for his murder conviction, he argues the evidence was insufficient to establish he acted with malice aforethought.  Third, LuCore argues the verdicts are inconsistent because his convictions of homicide and serious injury by vehicle, which involve recklessness and unintentional harm, are incompatible with his convictions of willful injury and murder, which involve specific intent and malice aforethought.  Fourth, Lucore argues the district court erred in failing to actually merge his convictions and sentences.  OPINIONS HOLDS: We find the evidence is sufficient to support the challenged convictions, the court erred in failing to actually merge LuCore’s convictions, and the claim of inconsistent verdicts is moot.  As such, we affirm LuCore’s convictions and sentences on counts three through seven—second-degree murder, willful injury causing serious injury, and three counts of willful injury causing bodily injury.  We vacate his convictions and sentences on counts one and two—homicide and serious injury by vehicle.  We remand for the entry of a corrected judgment and sentencing order consistent with this opinion.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Blane, S.J.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Markus Harding appeals the district court’s denial of his postconviction-relief application, contending his attorneys on direct appeal and at the postconviction hearing were ineffective in “failing to challenge the district court’s exclusion of the alleged victim’s prior inconsistent statements.”  OPINION HOLDS: We affirm the district court’s denial of Harding’s postconviction-relief application but preserve the claim for possible future litigation.

            Appeal from the Iowa District Court for Monona County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Carr, S.J.  Opinion by Vaitheswaran, P.J.  Buller, J., takes no part. (6 pages)

            Dylan Fouts appeals, contending the district court erred in giving the permissive inference instruction to support the specific intent element of attempted murder.  OPINION HOLDS: We affirm Fouts’ judgment and sentence.

            Appeal from the Iowa District Court for Linn County, Casey D. Jones and Russell G. Keast, District Associate Judges.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            Edward Ash appeals his conviction, claiming the district court abused its discretion in denying his pretrial request for a subpoena to obtain the victim’s mental-health records, the evidence is insufficient to support his conviction, and the verdict is contrary to the weight of the evidence.  OPINION HOLDS: We affirm Ash’s conviction, concluding he failed to meet his burden as to his application for a subpoena, his conviction enjoys substantial evidentiary support, and the court did not abuse its discretion in denying his motion for a new trial. 

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (5 pages)

            Alyssa Martin appeals her sentence following guilty pleas to two counts of neglect of a dependent person.  OPINION HOLDS: We find the court considered unproven facts and therefore vacate Martin’s sentence and remand for resentencing.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            Jesse Brown appeals the district court’s grant of the State’s motion for summary dismissal of his fifth postconviction-relief (PCR) application.  OPINION HOLDS: On de novo review of Brown’s claim of ineffective assistance of trial counsel for failing to challenge two potential jurors for cause, the claim is barred by res judicata, there was no new-ground-of-law exception to the three-year statute of limitation, and no prejudice was established.  As to Brown’s claim of newly discovered evidence, since it was only for impeachment, it does not qualify as a newly discovered fact to extend the statute of limitations.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (17 pages)

            Following the dissolution of her marriage to Matthew Harper, Stephanie Harper appeals the district court’s grant of physical care to Matthew, division of a retirement account, the calculation of her spousal support, and award of attorney fees.  Stephanie and Matthew each request appellate attorney fees.  OPINION HOLDS: We find joint physical care is not in the children’s best interests and the trial court did not abuse its discretion in its award of attorney fees.  But, because we find no facts to support using a date other than that of the dissolution trial to determine the value of marital assets, we remand to the district court with instructions.  We decline to award either party appellate attorney fees.  

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (15 pages)

            Plaintiffs appeal the grant of summary judgment for defendants on claims stemming from a contract dispute.  OPINION HOLDS: We affirm the grant of summary judgment for defendants, concluding there are no genuine issues of material fact on any claim.

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

                       Nathan Jurski appeals the sentence imposed after his written guilty plea to assault causing serious injury, in violation of Iowa Code section 708.2(4) (2020).  He alleges the district court failed to exercise its discretion by following a fixed sentencing policy due to Jurski’s age.  OPINION HOLDS: Finding no abuse of discretion, we affirm Jurski’s sentence.

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

            Shari Hintermeister seeks judicial review of the agency decision denying her claim for benefits under pandemic unemployment assistance coverage.  OPINION HOLDS: Substantial evidence supports the agency determination that Hintermeister was not advised by a health care provider to self-quarantine or scheduled to commence employment.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (5 pages)

            Raymond Edwards Jr. argues his conviction for possessing contraband in a county jail was not supported by sufficient evidence.  OPINION HOLDS: Because substantial evidence supports the jury’s finding that the object in question was capable of causing injury, we affirm.  

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            David Ficken appeals the denial of his request for a modification of his spousal support to Theresa Ficken.  OPINION HOLDS: Because David’s claimed change in circumstances does not warrant a modification in spousal support, we affirm.  We remand to the district court for a determination of Theresa’s reasonable appellate attorney fees.  

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Tabor, J.  (8 pages)

            William Kirsch appeals the modification decree eliminating his award of traditional spousal support.  Both parties request appellate attorney fees.  OPINION HOLDS: Given the substantial change in circumstances, we agree with the district court that modification was proper.  But we modify the decree to reduce William’s spousal support to $450 per month.  We decline to award appellate attorney fees to either party.

            Appeal from the Iowa District Court for Cass County, James S. Heckerman, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            Jean Wolfe deeded Cass County property to Tatiana Anderson, now Thielen, and her father and mother, Randall and Rebecca Anderson, as tenants with full rights of survivorship.  With a desire to sell her interest in the residential real estate, Tatiana and her husband, Zach Thielen, initiated this action when they petitioned for a partition by sale of the property.  Focusing on the equitable interests of the parties in the real estate, the district court dismissed the partition action, directing the Andersons to pursue their action to quiet title.  The Thielens appeal.  OPINION HOLDS: Reformation was not proper because there was no evidence of mutual mistake.  We reverse the district court’s dismissal of the partition action and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Buller, J.  (11 pages)

            The appellant railroad company appeals the denial of its new trial motion due to omission of a question on the trial verdict form, among other challenges.  OPINION HOLDS: We reverse the denial of the appellant’s new trial motion and remand for a new trial.  SPECIAL CONCURRENCE ASSERTS: I agree with the majority that Whitlow v. McConnaha, 935 N.W.2d 565, 569 n.4 (Iowa 2019), appears to control our resolution of the error-preservation question.  But if writing on a blank slate, I would not embrace Whitlow and would instead enforce our longstanding principles of error preservation and rules of civil procedure.

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Chicchelly, J.  (4 pages)

            This appeal concerns the district court’s pretrial dismissal of a charge against Kendall Hammes for animal abuse causing serious injury or death.  The State contends dismissal was in error because Hammes does not have an absolute statutory defense.  OPINION HOLDS: Finding the State’s statutory interpretation correct, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Bremer County, James Drew, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  Partial dissent by Greer, J.  (15 pages)

            Tyrel Jenkins appeals the district court’s dissolution decree.  He asserts the decree gives too much discretion to his ex-wife and his children to decide visitation, including placing onerous restrictions on his visitation time.  He also claims the court exceeded the allowable scope of relief by granting his ex-wife sole legal custody of the parties’ children.  And he claims the court failed to follow procedures set out in Iowa Code chapter 598 (2021).  OPINION HOLDS: Tyrel failed to preserve his claims involving the procedures of chapter 598.  The court acted appropriately in granting sole legal custody.  Finally, we determine the court failed to establish a definite visitation schedule, should not have delegated decision-making regarding visitation to Jessica or the children, and improperly placed restrictions on Tyrel’s visitation time.  We eliminate the provisions that granted decision making authority about visitation to Jessica and the children and the restrictions placed on Tyrel’s visitation referencing alcohol and substance usage and testing.  We remand to the district court for the sole purpose of setting a defined visitation schedule on the existing record consistent with this opinion.  PARTIAL DISSENT ASSERTS: I agree with the majority that the children should not be given discretion to avoid visitation and the option for Jessica to require testing for sobriety should be removed from the decree.  But because Tyrel’s pattern of behavior could negatively impact the children, I believe the district court correctly required the condition Tyrel refrain from alcohol use and that the law allows Jessica discretion to cancel visits if the children report they feel unsafe or have observations similar to what they have already experienced over their father’s extreme intoxication.

            Appeal from the Iowa District Court for Muscatine County, Tamra Roberts, Judge.  AFFIRMED AS MODIFIED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (14 pages)

            A mother appeals a custody decree under Iowa Code chapter 600B (2021), claiming the court should have (1) granted the parties joint legal custody as they agreed; (2) adopted the parties’ stipulated visitation schedule; and (3) placed Z.A.S. in her physical care.  OPINION HOLDS: We modify the district court’s decree to place the child in the parties’ joint legal custody.  The court’s decision to place the child in the father’s physical care is affirmed, as is its in-person visitation schedule, although we modify the decree to provide for video calls with the child.  

            Appeal from the Iowa District Court for Benton County, Christopher L. Bruns, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (8 pages)

            A mother of a child appeals an order granting the father physical care.  OPINION HOLDS: We modify the physical care portion of the decree.  We remand for recalculation of child support.

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

            Brandi Kaye Smithson appeals the sentence sending her to prison.  OPINION HOLDS: Because we do not find an abuse of the sentencing court’s discretion and because Smithson failed to identify any improper factors considered by the sentencing court or a defect in the procedure, we affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            DeMarkus Ruckman appeals the dismissal of his postconviction-relief application, alleging (1) the victim denied his commission of a particular sex act; (2) there was no evidence “of any other sexual act”; and (3) a “rape kit came back negative.”  OPINION HOLDS: We affirm the dismissal of Ruckman’s third postconviction-relief application on statute-of-limitations grounds.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, JJ., and Blane, S.J.  Opinion by Ahlers, J. (3 pages)

            Neal Hollingsworth appeals his sentence following his guilty plea.  He claims the sentencing court was required to give specific reasons for imposing the fine associated with one count and suspending the fine on another count.  OPINION HOLDS: We have already rejected the same claim because sentencing courts are not required to provide reasons for rejecting specific sentencing options.

            Appeal from the Iowa District Court for Woodbury County, Brian E. Buckmeier, Magistrate.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion per curiam.  (6 pages)

            The respondent appeals from a court order requiring he receive inpatient treatment and submit to injectable medications.  OPINION HOLDS: The record contains substantial evidence of dangerousness and the other elements establishing the respondent is seriously mentally impaired.

            Appeal from the Iowa District Court for Pottawattamie County, Scott D. Strait, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother and father separately appeal the termination of their parental rights to a child born in 2021.  The mother and father (I) challenge the evidence supporting the grounds for termination cited by the district court; (II) contend the Iowa Department of Health and Human Services did not engage in reasonable efforts to facilitate reunification; and (III) argue the district court should not have terminated their parental rights based on the parent-child bond.  The mother also contends (IV) termination is not in the child’s best interests and (V) she should have been afforded additional time to work toward reunification.  OPINION HOLDS: We affirm termination of the parents’ rights to the child.

            Appeal from the Iowa District Court for Polk County, Susan Choate Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals, challenging adjudication and removal orders.  OPINION HOLDS: On our de novo review of the record, we affirm the order adjudicating the children in need of assistance and the dispositional order confirming their continued removal from the mother’s custody.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Two fathers separately appeal the termination of their parental rights.  They both contend the State failed to establish grounds for termination.  And that termination was not in the childrens’ best interests due to their close bonds.  Alternatively, they argue permanency should be deferred for six months.  OPINION HOLDS: Because the State provided clear and convincing evidence that each child could not be safely placed in their father’s custody, termination is in the childrens’ best interests, and delay in permanency is unwarranted, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (6 pages)

            The mother of three children and the father of one appeal the termination of their parental rights.  Both contest the grounds for termination.  The mother argues preserving her rights was in the children’s best interests and the court should have applied the custody-of-a-relative exception to termination.  In the alternative, she requests six more months to achieve reunification.  Separately, the father advocates for a guardianship with his child’s paternal grandmother instead of termination.  OPINION HOLDS: The statutory grounds for termination of the mother’s parental rights were proved.  In the father’s case, his failure to challenge all the grounds waives the appeal issue.  We find termination was in the children’s best interests and no statutory exception applies to preserve the relationships.  More time for the mother is not warranted.  And we prioritize permanency for the father’s child and decline to create a guardianship.  We affirm on both appeals.

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The child could not be safely returned to the mother.  Termination is in the child’s best interest.

            Appeal from the Iowa District Court for Polk County, Lynn C.H. Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother and father appeal the termination of their parental rights.  Both claim the State did not establish a ground for termination.  They also claim termination is not in the children’s best interests, and that their respective close parent-child bonds should preclude termination.  OPINION HOLDS: We find the State established a ground for termination by clear and convincing evidence as to both parents.  We also find termination is in the best interests of the children.  Finally, the parent-child bonds are insufficient to prevent termination.  We affirm on both appeals. 

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

            A mother appeals the termination of her parental rights to her child.  She asks she be given additional time to work toward reunification.  OPINION HOLDS: Because we do not anticipate any changes within the next six months that would allow the child to be returned to the mother, we do not give the mother any additional time to work toward reunification.

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Doyle, S.J.  Tabor, J., takes no part.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Isaac Neal appeals the district court’s summary disposition of his fifth postconviction-relief application.  OPINION HOLDS: We affirm the district court’s dismissal of Neal’s application.

            Appeal from the Iowa District Court for Polk County, Brendan E. Greiner and Odell G. McGhee II, District Associate Judges.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J. (11 pages)

            Jaheim Romaine Cyrus appeals the denial of his motion to suppress.  OPINION HOLDS: We find the officer did not create a coercive environment constituting an illegal search and affirm the district court’s ruling.

            Appeal from the Iowa District Court for Worth County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Stephen Arrieta appeals his conviction of possession of a controlled substance, challenging the denial of his motion to suppress evidence obtained as a result of an allegedly unconstitutional stop and ensuing search of a commercial vehicle.  Arrieta contends (1) he was unlawfully detained “for the sole purpose of waiting for the drug K9,” (2) the K9 and handler made physical contact with the vehicle beyond a “free air sniff” that amounted to, “in effect, a warrantless search without probable cause,” and (3) the K9 was “neither reliable nor well trained and was cued to alert by the handler.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Vincent Harris Jr. appeals the dismissal of his application for postconviction relief, claiming the court erred in finding his application time-barred under Iowa Code section 822.3 (2019).  OPINION HOLDS: We affirm the court’s dismissal of Harris’ application.

            Appeal from the Iowa District Court for Webster County, Gina C. Badding, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Badding, J., takes no part.  Opinion by Tabor, P.J. (16 pages)

            Joshua Pendleton appeals his convictions for first-degree murder and first-degree robbery.  He contends his statements to law enforcement should be suppressed because police violated his constitutional rights and because his mental-health condition made those statements involuntary.  He also contends there is insufficient evidence to support the felony-murder theory of murder, one of two alternatives.  He challenges the constitutionality of Iowa Code section 814.28 (2019), which forbids appellate courts from setting aside a general verdict if the evidence supports at least one theory.  If correct, he argues he is entitled to reversal of both convictions.  OPINION HOLDS: Because Pendleton’s statements to police were not involuntary nor obtained in violation of his constitutional rights, they did not need to be suppressed.  And because the evidence supports both alternative theories of first-degree murder, we set aside the constitutional questions and affirm the convictions.  

            Appeal from the Iowa District Court for Hancock County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (17 pages)

            Keith Moss appeals his convictions for second-degree sexual abuse. OPINION HOLDS: We conclude that Moss did not establish a constitutional or statutory right to an in-camera review of his victim’s cell phone.  We further conclude the district court did not abuse its discretion in admitting evidence of Moss’s subsequent bad acts, as any error in the admission of that evidence was harmless.  Nor did the court abuse its discretion or cause Moss any prejudice in allowing a child protective worker to testify generally about her experience with child victims of sexual abuse.  And we find no abuse of discretion in the court’s denial of Moss’s claim that the verdict was against the weight of the evidence.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            Judith Thorn appeals the district court’s grant of summary judgment and order dismissing her petition to quiet title.  OPINION HOLDS: Because Thorn has no valid title upon which to base her quiet title action, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Margaret L. Lingreen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J. (9 pages)

            Michael Paul Eaton appeals his conviction for escape.  He contends the district court should have given a different instruction defining arrest, and the verdict was not supported by substantial evidence that he was under arrest for a felony or in the custody of a public officer.  OPINION HOLDS: Because we find the court did not err in its arrest instruction and substantial evidence supports the conviction, we affirm.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (12 pages)

            The State appeals the grant of a new trial for Pete Polson in his application for postconviction relief, which claimed trial counsel was ineffective for failing to call an expert witness.  OPINION HOLDS: Because Polson failed to prove either a breach of duty or prejudice as required to succeed with his ineffective-assistance-of-counsel claim, we find the district court erred in granting him postconviction relief.  We accordingly reverse the court’s decision and remand for a dismissal of Polson’s application.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Gregory Hettmann appeals his conviction for third-degree sexual abuse, challenging the sufficiency of the evidence.  OPINION HOLDS: Because substantial evidence shows Hettmann committed a sex act while K.H. was temporarily incapable of apprising or controlling her conduct due to intoxication, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  SENTENCE AFFIRMED IN PART AND VACATED IN PART.  Considered by Tabor, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Jonathan Nemmers appeals the sentence imposed upon his conviction for possession of contraband in a detention facility in violation of Iowa Code section 719.7(3)(a) (2020).  OPINION HOLDS: We vacate the portion of the sentence which purports to impose a restitution requirement for court costs on a dismissed count.  In all other respects, we affirm the sentence.

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham and Jeffrey D. Bert, Judges.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (16 pages)

            Trymaine Bostic appeals the trial court’s denial of his motions to continue and for mistrial and challenges the sufficiency of the evidence to support his convictions for child endangerment causing bodily injury and child endangerment.  OPINION HOLDS: In voluntarily absenting himself after the first day of trial, Bostic cannot complain the court violated his constitutional right to be present when it denied the motions to continue and for mistrial.  There is substantial evidence to support each of the convictions, and thus we affirm.

            Appeal from the Iowa District Court for Clay County, Carl J. Petersen and Charles K. Borth, Judges.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages).

            Defendant appeals her conviction for possession of marijuana, third or subsequent offense, arguing the district court erred in denying her motion for judgment of acquittal.  She asserts there was insufficient evidence to support the jury’s verdict.  OPINION HOLDS: Upon our review, we determine that there was sufficient evidence for the jury to find Gore guilty of constructive possession of marijuana, and the district court did not err in denying her motion for judgment of acquittal. 

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, S.J. (6 pages)

             Courtney Wright appeals the sentence imposed on his conviction of second-degree sexual abuse, arguing the court abused its discretion in sentencing.  OPINION HOLDS: Because we find the court did not abuse its discretion as alleged, we affirm the sentence imposed. 

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

            Richard Emery appeals the district court’s decision granting the State’s motion to dismiss and motion for summary disposition of his petition for postconviction relief.  OPINION HOLDS: We affirm the district court.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge.  DISTRICT COURT JUDGMENT AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J. (11 pages)

            Gibbs appeals his convictions of assault causing bodily injury (domestic abuse with penalty enhanced) and harassment in the third degree.  He argues the district court erred by excusing a potential juror for cause when the State did not establish a qualifying basis, denying Gibbs’ motion for mistrial based on the prosecutor’s comments during closing argument, submitting a verdict-urging instruction to the jury, and applying the wrong standard in denying Gibbs’ motion for new trial.  OPINION HOLDS: The district court did not abuse its discretion in excusing a potential juror, denying Gibbs’ motion for mistrial, and submitting a verdict-urging instruction to the jury.  We do find an incorrect standard was used in ruling on Gibbs’ motion for new trial and remand the case to the district court to address that motion applying the correct weight-of-the-evidence standard.

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

            On interlocutory appeal, Darryl Hurtt, a commercial truck driver from Missouri, challenges the denial of his motion to dismiss the charge of possession of a controlled substance (marijuana), claiming a violation of his right to freely travel and carry his prescribed medication while traveling through the State of Iowa.  OPINION HOLDS: Hurtt has not preserved his claim that he has a “right to carry medication.”  We are not persuaded Iowa’s regulation of controlled substances directly impairs Hurtt’s right to come into or leave the state and affirm the denial of his motion to dismiss.

            Appeal from the Iowa District Court for Polk County, David W. Nelmark, Judge.  AFFIRMED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Bradley Casner appeals from an order granting his ex-wife Jennifer Fisher’s motion to enforce a settlement agreement.  Casner argues there was not an enforceable agreement due to a mutual mistake.  OPINION HOLDS: An apparent mistake between Casner and his counsel does not constitute a mutual mistake with Fisher.  Accordingly, we affirm the district court’s order but remand for the court to determine a potential award of Fisher’s appellate attorney fees.

            Appeal from the Iowa District Court for Delaware County, Monica Ackley, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (16 pages)

            After the district court granted Jesse Harbach’s motion to suppress evidence seized pursuant to a warrant, the State applied for and was granted discretionary review of the ruling.  The State argues the district court misapplied case law in suppressing the evidence based on its determination the warrant application contained a false statement which was made knowingly and intentionally or with reckless disregard for the truth and, without the statement, the application failed to establish probable cause.  OPINION HOLDS: Because there was probable cause of Harbach’s impairment even without the deputy’s false statements, we reverse the district court’s suppression ruling and remand.

            Appeal from the Iowa District Court for Madison County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (3 pages)

            A defendant appeals her sentence for credit-card fraud, contending it was overly harsh.  OPINION HOLDS: Because the district court weighed appropriate sentencing factors we affirm.

       Appeal from the Iowa District Court for Sioux County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Carr, S.J.  Opinion by Tabor, J.  (6 pages)

            Rogelio Morales Morales challenges the sufficiency of the evidence for his sexual-abuse conviction.  He argues that under the marshalling instruction, the State had to prove the offense happened within the stated time range.  OPINION HOLDS: Because the State offered substantial evidence that Morales committed the offense within the instruction’s time frame, we affirm without addressing whether it had the burden to do so.

Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (7 pages)

            Michael Fangman appeals his conviction for sexual abuse in the third degree.  He contends his counsel was ineffective.  He also claims insufficient evidence supports the conviction.  OPINION HOLDS: We cannot consider Fangman’s claims of ineffective assistance as those claims must be brought in a postconviction-relief action.  We find the conviction was supported by substantial evidence. 

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (8 pages)

            Mike Perez Jr. appeals his guilty verdicts for assault with intent to inflict serious injury and willful injury.  Perez challenges the admission of photographs into evidence and asserts substantial evidence does not support the jury’s findings of serious injury.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            Spencer Jerrick Carter appeals the sentences imposed following his written guilty pleas to assault on persons engaged in certain occupations and interference with official acts causing injury.  He asserts the court considered improper sentencing factors.  OPINION HOLDS: We find no legal error and, thus, we affirm. 

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Katelyn Eikenberry appeals the grant of summary judgment in favor of American Family Mutual Insurance Company on her uninsured motorist claim.  OPINION HOLDS: Because Eikenberry’s claim against the tortfeasor is definitively barred, she is not “legally entitled to recover” against the insurer and cannot bring an underinsured motorist claim.

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

            An estate’s beneficiaries appeal a district court ruling which assessed the executor’s court costs and fees against the estate.  OPINION HOLDS: We affirm the district court’s assessment of costs and fees against the estate.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, District Associate Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J. (6 pages)

            Jesse Gardner appeals from the sentence imposed following his guilty pleas to twelve counts of sexual exploitation of a minor, in violation of Iowa Code section 728.12(3) (2019).  Gardner argues the district court committed multiple errors that should invalidate his sentence.  OPINION HOLDS: Finding there was indeed error, we vacate Gardner’s sentence and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Linn County, Jason Besler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (4 pages)

            Christopher Curley appeals his sentence following a guilty plea to second-degree burglary and assault causing bodily injury.  OPINION HOLDS: Because the district court did not rely on improper factors and acted within its discretion in determining Curley’s sentence, we affirm.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights, contending she should be granted additional time, exceptions exist that should weigh against termination, and guardianship with the current placement is a more appropriate disposition.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Buller, JJ.  Opinion by Buller, J.  (17 pages)

            Stephanie Drury, now known as Stephanie Stark, appeals from the decree dissolving her marriage to Alan Drury.  OPINION HOLDS: We conclude Stephanie has not shown that the decree was inequitable, and we find the parenting schedule is in the best interests of the children.  We find that Alan attorney’s fees were incurred in part due to Stephanie’s false statements and obfuscation regarding her assets and therefore affirm the fee award at trial and order appellate fees as set forth in this opinion.  We reject all other arguments presented and affirm the dissolution decree in its entirety.

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

            Clyde Hinkle appeals the district court’s grant of summary judgment dismissing his application for postconviction relief.  OPINION HOLDS: Hinkle did not establish prejudice and so his ineffective-assistance-of-counsel claim fails.  We affirm.

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (2 pages)

            Dereck Elliott appeals from his guilty plea for assault while displaying a dangerous weapon.  Elliott argues the district court failed to ensure the record contained a factual basis for the statutory provisions under which he pled guilty.  OPINION HOLDS: Because Elliott failed to file a motion in arrest of judgment, we must dismiss his appeal for lack of jurisdiction. 

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

            Eric Hochstein appeals from the order denying his petition to modify physical care of his child with Shelby True.  OPINION HOLDS: Eric did not meet his heavy burden to modify physical care.  We deny Eric’s request for appellate attorney fees and grant Shelby’s request for $6000 in appellate attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J. (5 pages)

            Arlo Blu Harris appeals following his pleas of guilty to willful injury causing bodily injury and false imprisonment.  OPINION HOLDS: Finding no breach of the plea agreement, we affirm.

            Appeal from the Iowa District Court for Union County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We have jurisdiction over the mother’s delayed appeal.  We assume the mother preserved error and did not waive her challenge to the statutory grounds for termination.  We find the statutory elements of termination were met, reject additional claims made by the mother, and affirm.

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

            A mother appeals the termination of her parental rights, claiming the State did not establish a ground for termination.  She also claims termination is not in the child’s best interest and that the court should have applied an exception to preclude termination.  OPINION HOLDS: Clear and convincing evidence supports a ground for termination, termination is in the child’s best interest, and we, like the district court, decline to apply a permissive exception to termination.

            Appeal from the Iowa District Court for Sac County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A father appeals the termination of his parental rights to his child under Iowa Code chapter 600A (2022).  OPINION HOLDS: Clear and convincing evidence shows the father, who is scheduled for release from federal prison in 2039, is unlikely to be released from prison in less than five years.  Because termination is in the child’s best interests, we affirm.

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

            S.G., the mother, appeals from the permanency order establishing a guardianship for her two children.  OPINION HOLDS: Because the children could not be returned to their mother’s care, there was no evidence that barriers to reunification would be dismantled within six months, and the guardianship was in the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Badding and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to a child born in 2008, contending (1) the State failed to prove the ground for termination cited by the district court and (2) the district court should have afforded her an additional six months to work toward reunification.  OPINION HOLDS: We affirm the district court’s termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            A mother appeals the termination of her parental rights. OPINION HOLDS: We reject her challenges to each of the three steps in our termination framework and affirm.

            Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Clear and convincing evidence shows the child could not be returned to the mother’s care at the time of the termination hearing to support termination under Iowa Code section 232.116(1)(h) (2022).  We decline the mother’s request for more time under section 232.104(2)(b).

            Appeal from the Iowa District Court for Lyon County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother appeals the termination of her parental rights, asserting termination is not in the children’s best interests and the court should have maintained the existing guardianship.  OPINION HOLDS: On our de novo review, we find termination of the mother’s parental rights and modification of the permanency goal to adoption is in the children’s best interests.