November 2023 Archive | Most Recent Court of Appeals Summaries

            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.

            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.

            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. 

            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.

            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.

            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.

            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.

            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.

            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.

            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. 

            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.

            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.

            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.

            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.

            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.

            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.

            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. 

            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. 

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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. 

             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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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. 

            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. 

            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.

            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.

            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.  

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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.

            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. 

            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.

            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.

            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.

            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.

            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.

            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.

            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. 

            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.

            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.

            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. 

            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. 

            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.

            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.