December 2023 Archive | Most Recent Court of Appeals Summaries

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            Justice Jackson appeals the district court’s order partially denying his petition to modify the custody decree between himself and Anna Pham involving their child.  OPINION HOLDS: Jackson has not met his burden to show a substantial and material change in circumstances warranting modification of the parties’ physical-care arrangement.  We affirm the district court’s order. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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