March 2023 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Polk County, Christopher Kemp and Becky Goettsch, District Associate Judges.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Roberto Luis Rosado Davila appeals from his conviction for operating while under the influence (OWI), first offense, and driving while his license was revoked.  He contends the district court should have suppressed evidence from the traffic stop and suspended his fine for OWI.  OPINION HOLDS: The investigating officer had reasonable suspicion to conduct the traffic stop, and the court had no discretion to suspend his fine. 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Curtis Jarrett appeals the denial of his motion in arrest of judgment.  OPINION HOLDS: We grant discretionary review and affirm the conviction.

            Appeal from the Iowa District Court for Floyd County, Gregg Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Joshua Knutson appeals his convictions for sexual abuse and incest.  OPINION HOLDS: Because the trial court did not abuse its discretion in denying Knutson’s motion for new trial and substantial evidence supports his convictions, we affirm.

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

            Harlem Mott appeals the dismissal of his application for postconviction relief as untimely.  He argues his appeal is timely under Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018) or the doctrine of equitable tolling.  In the alternative, he argues the time limit is unconstitutional.  OPINION HOLDS: Because Allison has been abrogated by statute, our state has not adopted the doctrine of equitable tolling, and Mott did not preserve error as to his constitutional challenge, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson and John D. Telleen, Judges.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            Casey Ludin appeals his sentence for second-degree robbery.  He claims the district court considered an unproven claim that he attacked arresting officers.  OPINION HOLDS: The record evidence does not sufficiently support the court’s statement at sentencing that Ludin “more or less did [his] best to attack the arresting officers.”  Because the court relied on an improper consideration, we vacate Ludin’s sentence and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (14 pages)

            Walmart, Inc., and Wal-Mart Real Estate Business Trust (collectively “Walmart”) appeal the district court’s ruling upholding the Dallas County Board of Review’s (“Board”) 2019 property tax assessment.  Walmart challenges the district court’s determination that a prior assessment appeal resulted in a presumptive value, asserts the appraisal from the Board’s expert was not reliable evidence of value, and challenges the court’s analysis of what constitutes comparable sales.  OPINION HOLDS: We affirm the judgment of the district court on our de novo review of the record. 

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Hussein Yousif appeals the district court’s ruling on judicial review affirming the agency decision denying his claim for pandemic unemployment assistance benefits.  OPINION HOLDS: Upon our review, we affirm the district court’s denial of Yousif’s petition for judicial review of the underlying agency action finding Yousif had not shown good cause for his untimely appeal.  

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (3 pages)

            Secor appeals his convictions.  OPINION HOLDS: Because Secor failed to preserve error on his claims and has waived his claims on appeal, we affirm. 

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

            After pleading guilty to three crimes, Dylan McCombs challenges the sentences imposed, arguing they should be reversed because the district court read the minutes of testimony.  OPINION HOLDS: The court’s awareness of information upon which it is inappropriate to base a sentencing decision is not enough to warrant reversal, and McCombs does not point to any affirmative evidence showing the court relied on any improper information.  We affirm.

              Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Tabor, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

              The husband appeals the amount and duration of the spousal support award in the parties’ dissolution decree.  OPINION HOLDS: The wife needs a hybrid award of traditional and rehabilitative support in order to become self-supporting at a level commensurate with that enjoyed by her during their marriage.  A reasonable period of time to attain this goal is eight years.  We modify the spousal support award to the monthly sum of $850 for ninety-six months following the date of entry of the decree of dissolution of marriage.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Michael Mitchell asks this court to order the district court hold a hearing regarding his reasonable ability to pay category “B” restitution.  OPINION HOLDS: Because Mitchell failed to preserve error and lacks good cause, we dismiss his appeal.

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

            Aiden Stratton appeals the denial of his application for Pandemic Unemployment Assistance (PUA) benefits after he did not appeal the Iowa Workforce Development’s denial of benefits within ten days as required by statute.  OPINION HOLDS: Stratton received adequate notice of the denial of his application for PUA benefits and the ten-day deadline for an appeal.  The refusal to accept a late appeal is not inconsistent with agency rules or precedent, and the agency was not otherwise acting arbitrarily or capriciously when it denied Stratton’s untimely appeal.

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

            Daniel Ockenfels seeks postconviction relief (PCR) from his convictions for assault on a peace officer and disarming a police officer of a dangerous weapon.  OPINION HOLDS: Ockenfels has not shown he received ineffective assistance due to defense counsel’s failure to file a motion to suppress, object to a witness’s statement, or raise the defenses of justification and necessity.  Also, he has not supported his claim of actual innocence.  We affirm the district court’s decision denying his PCR application.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Ronnie Murray seeks to correct an illegal sentence after the district court amended the sex-offender-registration requirements in his 1999 sentence following the State’s motion to correct an illegal sentence.  Murray claims issue preclusion prevents the district court from correcting his 1999 sentence.  OPINION HOLDS: Issue preclusion does not apply here, and the district court was correct when it amended Murray’s sentence on the State’s motion to correct an illegal sentence.

              Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J. (4 pages)

              A defendant appeals his sentence, contending the district court mainly focused on his contradictory statements and failed to properly weigh other mitigating circumstances.  OPINION HOLDS: Because the district court considered other appropriate factors, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J. (7 pages)

            Leah Swift appeals her conviction for child endangerment for leaving her six-year-old son unattended in a daycare parking lot.  She challenges the sufficiency of the evidence to support her conviction.  OPINION HOLDS: We find substantial evidence supports the conviction, so we affirm. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (12 pages)

            Derek Finley appeals the legal custody, physical care, visitation, and child support provisions of a dissolution decree.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Tesslla Dezerae Bernett appeals her conviction for operating a motor vehicle while intoxicated, second offense.  OPINION HOLDS: We cannot address Bernett’s ineffective-assistance-of-counsel claim on appeal, and we discern no abuse of discretion in the court’s ruling on Bernett’s motion for new trial.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Ahlers, J.  (6 pages)

            Residual beneficiaries of a trust appeal from an order that apportioned litigation expenses and fees associated with a separate legal proceeding involving the trust to both trust income and principal.  OPINION HOLDS: The trust permitted the trustee to exercise discretion in determining how to apportion the litigation expenses and fees between trust income and principal.

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED AND REMANDED ON CROSS-APPEAL.  Considered by Bower, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (24 pages)

            Brent Prenger appeals and Kimberly (Kim) Prenger (now Kiewiet) cross-appeals the decree dissolving their marriage.  OPINION HOLDS: We affirm the district court on most issues raised by these parties, but modify the decree to limit the obligation for the private school to only the tuition cost, require Kim to pay the costs of the children’s extracurricular activities, and reduce the property equalization payment to $21,000.  Finally, we remand to the district court to determine the appropriate award of reasonable appellate attorney fees for Kim.

              Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

              Matthew Korock challenges the revocation of his probation and deferred judgment and the subsequent imposition of a criminal sentence as unconstitutional and argues we should overturn State v. Criswell, 242 N.W.2d 259, 260 (Iowa 1976).  OPINION HOLDS: Because Korock has waived his constitutional challenge and we lack the authority to overturn supreme court precedent, we affirm.

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (5 pages)

            Kenneth Petty appeals the dismissal of his civil action for damages against his criminal trial attorney, Drew Kouris, pursuant to Iowa Code section 602.10113 (2021).  OPINION HOLDS: Kouris is immune from liablity for damages unless and until the postconviction court determines Petty’s conviction resulted from Kouris’s ineffective assistance.  We affirm the court’s order dismissing the action without prejudice. 

            Appeal from the Iowa District Court for Dubuque County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            A plaintiff appeals the denial of its motion for new trial, complaining that the omission of an “if/then statement” from a jury instruction misled the jury in a medical malpractice action.  OPINION HOLDS: The omission of an “if/then statement” from the jury instruction misled the jury.  The faulty instruction directed the jury to conclude the physician employed an approved alternative treatment and was not negligent rather than asking the jury to determine whether there was an approved alternative treatment that the physician used.  The instructional error requires reversal and a new trial.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Vance Good appeals the denial of his application for postconviction relief concerning his conviction for murder in the first degree.  He alleges ineffective assistance of his trial counsel.  OPINION HOLDS: Because Good did not establish his counsel failed to perform an essential duty, we affirm the denial.

            Appeal from the Iowa District Court for Lee (South) County, Mark Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Kenji Meeks appeals his convictions for burglary and theft, claiming there was insufficient evidence to prove the intent required for both convictions.  OPINION HOLDS: We affirm, concluding the State provided sufficient evidence to support Meeks’s convictions.

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

            Ashanti Phillips appeals the sentence imposed following her Alford plea.  She contends the district court abused its discretion in not suspending her term of incarceration and believing it had no discretion to suspend the fine associated with her conviction for a serious misdemeanor.  OPINION HOLDS: The court did not abuse its discretion when it chose to not suspend Phillips’s term of incarceration, and it had no discretion to suspend the fine associated with her serious misdemeanor conviction.

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Jennifer Miller, and Thomas J. Bice, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (11 pages)

            A jury convicted Stoney Gifford of first-degree robbery, intimidation with a dangerous weapon with intent, going armed with intent, and possession of a firearm by a felon.  Gifford appeals, claiming (1) the district court abused its discretion in denying his request to reduce his bond prior to trial; (2) he should have been allowed to depose eight members of law enforcement who were not listed as witnesses by the State; (3) the court wrongly denied his fair-cross-section challenge to the jury pool for underrepresentation of Hispanic potential jurors; and (4) prosecutorial misconduct deprived him of his right to a fair trial.  OPINION HOLDS: Because Gifford’s challenge to the district court’s denial of his request for bond reduction is moot and he failed to preserve error on his allegations of prosecutorial misconduct, we do not consider either claim.  We find no reversible error in the court’s denial of his application to depose eight non-listed witnesses or its denial of his fair-cross-section challenge.  We affirm.

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

            Adam Williams appeals his sentences for six offenses, arguing the court abused its discretion in imposing incarceration rather than probation.  OPINION HOLDS: We find the court did not consider any inappropriate factor and there was no abuse of discretion, so we affirm.

            Appeal from the Iowa District Court for Wapello County, Myron Gookin, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (6 pages)

            James Williamson appeals from a domestic-abuse protective order prohibiting him from contacting Kristin Easton-Cole.  OPINION HOLDS: Easton-Cole did not establish Williamson committed an assault against her—a requirement for issuance of the protective order.  We reverse and remand for vacation of the protective order and dismissal of the petition.

            Appeal from the Iowa District Court for Poweshiek County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Roy Garner appeals the sentences imposed following his guilty pleas to abuse of a corpse, accessory after the fact, and obstruction of prosecution or defense, contending the district court “abused its discretion by considering impermissible factors.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (8 pages)

            Thomas Jenkins Sr. appeals the denial of his application for postconviction relief (PCR), arguing the district court erred in denying him relief on his claims of ineffective assistance of criminal trial counsel.  OPINION HOLDS:  Finding counsel was not ineffective as alleged, we affirm the denial of Jenkins’s PCR application.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (11 pages)

            WH Development, LLC and Hy-Vee, Inc. appeal the district court’s findings upholding the Polk County Board of Review’s 2019 real estate assessment of a store and property in Windsor Heights.  OPINION HOLDS: The district court determined the Board met its burden to uphold the appraisal.  We affirm.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            Domnick Hogan seeks postconviction relief (PCR) from his conviction for second-degree robbery.  OPINION HOLDS: Hogan has not shown he received ineffective assistance on his claim that defense counsel failed to inform him of the direct consequences of his guilty plea.  We affirm the district court’s decision denying his PCR application.

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

            Julien Skipper appeals his sentence to domestic abuse assault resulting in bodily injury and violation of the sex offender registry.  He contends the State breached their plea agreement and the sentencing court abused its discretion in adopting the State’s recommendation.  OPINION HOLDS: Because the plea agreement did not encompass the alleged violation, the State’s recommendation was not a breach.  We see no abuse of discretion in the sentence.  Thus, we affirm. 

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J. (5 pages)

            Latrice Saunders appeals her sentence for fourth-degree criminal mischief, for the second time.  Last year, we vacated her sentence and remanded for resentencing so that she could benefit from an ameliorative legislative change.  On remand, the court imposed the same sentence with no additional explanation.  She contends the court abused its discretion in failing to state the reasons for the sentence on the record.  OPINION HOLDS: Because the court had the discretion to impose a different sentence on remand, it needed to explain its choice to impose the harsher, original sentence.  We remand for the court to fulfill that obligation. 

              Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Cory Carter challenges his prison sentence for lascivious acts with a child contending the sentencing court failed to adequately explain its reasons for the sentence.  He also claims the court’s reliance on the victim impact statements was impermissible and a violation of due process.  OPINION HOLDS: Because the sentencing court gave reasons for Carter’s sentence and the use of the victim impact statements were permissible and constitutionally sound, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (10 pages)

            Jennifer Blackwood appeals the district court’s denial of her motion to extend a domestic-abuse protective order and the court’s ruling that Brock Knop’s violations of the domestic-abuse protective order did not warrant punishment in addition to the court’s order Knop pay Blackwood $2000 in attorney fees.  OPINION HOLDS:  In light of the broad discretion trial courts have in punishing contempt and the showing required to extend a protective order, we affirm.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  WRIT ANNULLED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Matthew Moore appeals the restitution order imposed by the district court following his guilty plea to third-degree burglary.  OPINION HOLDS: We annul the writ of certiorari challenging the district court’s postsentencing restitution award.

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Ahlers, JJ.  Opinion by Ahlers, J.  Tabor, J., takes no part.  (3 pages)

            Dennis Estabrook appeals his sentence after pleading guilty to the unauthorized use of a credit card.  OPINION HOLDS: Estabrook cannot establish good cause to appeal because he received the sentence bargained for in his plea agreement.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED AS MODIFIED IN PART ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL; AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Nicole Shimp appeals, and Brian Happel cross-appeals, the district court’s modification of their dissolution decree.  OPINION HOLDS: We conclude the district court acted equitably in modifying the joint physical care arrangement to grant Happel physical care of the children.  We modify the visitation provision of the modified decree to grant the mother midweek visits.  We affirm the five-week summer visitation provision in favor of the mother and decline to include a make-up weekend provision for the father.  We also decline to add further language relating to the children’s extracurricular activities.  We remand for recalculation of child support and award Shimp $3000 in appellate attorney fees.

            Appeal from the Iowa District Court for Wright County, Hans Becker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (5 pages)

            A father appeals the private termination of his parental rights to his twelve-year-old child.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            David Nystrom appeals the spousal-support provisions of the decree dissolving his marriage to Melissa Nystrom.  OPINION HOLD: The award of $5000 per month in spousal support is equitable.  We decline to award Melissa appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.

            Appeal from the Iowa District Court for Allamakee County, Laura Parrish, Judge.  REVERSED AND VACATED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            The mother challenges a ruling entered in Allamakee County after entry of an order transferring venue to Linn County.  OPINION HOLDS: The Allamakee County District Court lacked authority to decide any substantive issue in the original case number after the change of venue to Linn County.  All substantive rulings entered in the Allamakee County District Court after the change of venue to Linn are void.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The juvenile court did not abuse its discretion in denying a continuance.  The grounds for termination under Iowa Code section 232.116(1)(h) (Supp. 2022) exist, and termination is in the child’s best interests.  Finally, granting the mother additional time would not eliminate the need for the child’s removal.  We affirm the termination of the mother’s parental rights.

               Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (6 pages)

            The juvenile court terminated the mother’s parental rights pursuant to Iowa Code section 232.116(1)(g) (2022).  The mother challenges that ruling, contending she has been responsive to services and should have been granted additional time.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Jefferson County, William Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            B.C., mother to P.C.P. and R.C.K., and A.K., father to R.C.K., appeal the termination of their parental rights.  B.C. contends the State failed to prove a ground for termination, the Department of Health and Human Services (DHHS) failed to provide reasonable efforts, and termination is unnecessary because a guardianship could be established.  A.K. asks for a six-month extension for reunification efforts.  OPINION HOLDS: We find the State established a ground for termination by clear and convincing evidence, DHHS made reasonable efforts, and a guardianship would not be appropriate.  We decline A.K.’s request for a six-month extension.  We affirm. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON MOTHER’S APPEAL; REVERSED AND REMANDED ON FATHER’S APPEAL.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (23 pages)

            The mother of two children, R.D. and A.D., and the biological father of R.D. separately appeal the respective termination of their parental rights.  Both parents challenge whether the State proved the statutory ground for termination, argue the loss of their rights is not in the best interests of their child or children, and maintain the State failed to make reasonable efforts at reunification.  As part of their reasonable-efforts challenge, the mother and father challenge the constitutionality of Iowa Code section 232.102A(2) (Supp. 2022).  In the alternative, the father requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to both children and find she lacks standing to make her constitutional challenge.  As to the father, we conclude the department failed to meet its reasonable-efforts obligation and reverse the termination of his rights to R.D., grant his request to delay permanency for six months, and remand.  Because we resolve the issue on statutory grounds, we do not reach the father’s constitutional arguments. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            The father and mother separately appeal the termination of their parental rights.  The father challenges the statutory basis for termination.  The mother contests whether termination is in the best interests of the child, whether a statutory exception precluded termination, and whether the State provided reasonable efforts toward reunification.  OPINION HOLDS: Because these parents cannot provide a safe and stable home, even after years of services, we affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A mother appeals the termination of her parental rights to her two children under Iowa Code section 232.116(1)(f) and (h) (2022).  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

              Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

              K.G. appeals the termination of her parental rights to two children.  OPINION HOLDS: Because the children could not be returned to the mother at the time of the termination hearing, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (4 pages)

            The mother appeals the termination of her parental rights to one child.  She argues it was not in the child’s best interests, and she asks for an extension.  OPINION HOLDS: Because the mother has not shown the kind of progress that would make reunification possible in six months, delaying permanency is not a viable option.  Given her persistent mental-health, substance-abuse, and housing issues, termination is in the child’s best interests.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            W.W. appeals the termination of his parental rights to one child, O.W.  He contends that the statutory ground is unsatisfied, termination does not serve the child’s best interests, and exceptions to termination should have been applied.  OPINION HOLDS: Upon our de novo review, we affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A mother appeals the termination of her parental rights to her two children. OPINION HOLDS: We find the evidence sufficient to support termination under section 232.116(1)(f) (2022) and conclude an extension of time is unwarranted.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find the termination of the mother’s parental rights is supported by clear and convincing evidence, termination is in the child’s best interests, the mother has not shown an exception to termination should be applied, and the court properly denied the mother’s request for an extension of time.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            A mother appeals the termination of her parental rights.  She claims the State failed to make active efforts toward reunification as required by the Indian Child Welfare Act (ICWA).  OPINION HOLDS: Because neither the children nor the parents were members of an Indian Tribe, the children do not meet the definition of an “Indian child” to trigger ICWA and its active-efforts requirement. 

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm, concluding the child could not be returned to the mother at the time of the termination hearing because of her continued substance abuse, termination was in the best interests of the child, and the juvenile court did not err in refusing the mother additional time to reunify.

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

            The mother appeals the termination of her parental rights, arguing the State did not meet its burden to prove the statutory elements, termination is not in the child’s best interests, and a permissive exception should preclude termination.  OPINION HOLDS: We reject the mother’s arguments and affirm termination.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother waived her reasonable-efforts challenge.  The State established statutory grounds for termination, which is in the child’s best interests. 

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

            Laurie Burnside appeals from the district court’s grant of summary judgment to Linn Area Credit Union.  OPINION HOLDS: We affirm the district court’s ruling, finding Burnside failed to create any genuine issue of material fact.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., Badding, J., and Vogel, S.J.  Opinion by Bower, C.J.  (5 pages)

            Sylvia Eva Castillo appeals her guilty plea for the offense introduction of a controlled substance into a detention facility.  OPINION HOLDS: Castillo has not established good cause to pursue her appeal as a matter of right, and we dismiss the appeal. 

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

              Daniel Poole pled guilty to possession of a controlled substance with an intent to deliver under Iowa Code section 124.401(1)(b)(7) (2018).  Poole petitioned for postconviction relief (PCR), alleging ineffective assistance of counsel and plea coercion, but the PCR court rejected his arguments.  Poole appeals.  OPINION HOLDS: We affirm, finding no ineffective assistance of counsel and that Poole’s coerced-plea claim was not preserved.

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Mullins, S.J.  Opinion by Mullins, S.J. (22 pages)

            Carlos Hivento appeals his convictions for third-degree sexual abuse, challenging the sufficiency of the evidence supporting those convictions.  Specifically, he argues the evidence was insufficient to support either of the dual alternative theories that the sex acts were done either: (1) by force or against the will of the other person or (2) while the other person was mentally incapacitated, physically incapacitated, or physically helpless.  In relation to his challenge, he also contests the constitutionality of Iowa Code section 814.28 (Supp. 2019) on general verdicts.  OPINION HOLDS: Finding each alternative is supported by substantial evidence, we affirm the convictions without addressing the constitutional challenge. 

              Appeal from the Iowa District Court for Hardin County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

              Olympia Cooks appeals from the district court’s denial of her application for postconviction relief.  OPINION HOLDS: We affirm, as Cooks failed to establish her claim of ineffective assistance because she did not show that any prejudice resulted.

              Appeal from the Iowa District Court for Delaware County, Linda M. Fangman, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Greer, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (16 pages)

              Robert Krogmann appeals his convictions for attempted murder and willful injury causing serious injury.  He challenges the sufficiency of the evidence supporting his attempted murder conviction and argues the district court should have admitted a video exhibit of an interrogation that occurred after he shot someone to support his diminished-responsibility defense.  OPINION HOLDS: Substantial evidence supports Krogmann’s attempted-murder conviction.  The district court should not have excluded the video exhibit as hearsay because it was not being offered for the purpose of establishing the truth of the matter asserted in the statements made during the interrogation.  Instead, it was being offered to demonstrate Krogmann’s demeanor and conduct following the shooting.  The video should have been admitted under the best evidence rule because the parties disputed how Krogmann acted during the interrogation.  So we reverse and remand for new trial.

              Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge. REVERSED AND REMANDED.  Considered by Badding, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

              Michael Davis appeals the summary dismissal of his sixth application for postconviction relief.  OPINION HOLDS: There is a question of material fact as to whether the ground-of-fact exception applies to bypass the statute of limitations found in Iowa Code section 822.3 (2019).  So we reverse and remand for further proceedings.

              Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (10 pages)

              A defendant appeals the district court’s denial of his motion to suppress evidence arising from a traffic stop.  OPINION HOLDS: We assume without deciding that the officer made a mistake of fact in stopping the defendant.  But because this mistake was objectively reasonable, we affirm.

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Ahlers, JJ.  Opinion by Badding, J.  (22 pages)

            Jorge Maldonado appeals his convictions on four counts of first-degree sexual abuse and one count of second-degree sexual abuse.  He argues (1) the district court erred in admitting a forensic interview of one of the children under the residual exception to the rule against hearsay, and (2) there was insufficient evidence that he performed a sex act with the children or that the oldest child’s post-traumatic stress disorder is a serious injury.  OPINION HOLDS: We affirm Maldonado’s convictions, finding the forensic interview was properly admitted under the residual exception and Maldonado’s convictions enjoy substantial evidentiary support.

              Appeal from the Iowa District Court for Bremer County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J.  Dissent by Tabor, J.  (12 pages)

              Jeffrey Leroy Larson appeals the denial of his motion to suppress, asserting the trooper unlawfully prolonged the traffic stop and his consent was not voluntary.  OPINION HOLDS: We agree with the district court, the stop was not unlawfully extended and Larson’s consent was given voluntarily.  There was no error in denying the motion to suppress.  DISSENT ASSERTS: I respectfully dissent.  The State failed to show that Larson voluntarily consented to the search of his car, so I would reverse the denial of his motion to suppress. 

              Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (5 pages)

              Donald Smith appeals the denial of his application for postconviction DNA testing.  OPINION HOLDS: Because Smith cannot show how DNA evidence would have changed the outcome of his trial, we affirm.

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  Chicchelly, J., takes no part.  (5 pages)

            Heather Whitman appeals from a district court ruling on her petition for declaratory judgment seeking to establish a common law marriage to Douglas Archibald.  OPINION HOLDS: On our de novo review, we agree with the district court that Whitman and Archibald did not have a common law marriage.  Accordingly, the district court acted equitably in denying Whitman’s motion for summary judgment.

              Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (3 pages)

              Rickey Hunsucker appeals his written guilty plea to burglary in the third degree.  He challenges the plea on appeal despite not moving in arrest of judgment.  OPINION HOLDS: Because Hunsucker failed to move in arrest of judgment, we find no good cause for his appeal.  The appeal is dismissed. 

            Appeal from the Iowa District Court for Cass County, Michael Hooper, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (4 pages)

John Anderson appeals the sentences imposed on his criminal convictions, arguing the district court violated due process and abused its discretion by waiving the use of the presentence investigation report and sentencing him when he did not waive use of the report.  OPINION HOLDS: We agree with the State that the notation in the sentencing orders that the presentence investigation report was waived was merely a clerical error.  As a result, we affirm the sentences imposed but remand to the district court for entry of a nunc pro tunc order correcting the clerical error that Anderson waived the use of a presentence investigation report.

              Petition for writ of certiorari from the Iowa District Court for Sac County, Gary McMinimee, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

              Kirk Levin argues his mandatory life sentence without the possibility of parole is illegal because it amounts to cruel and unusual punishment.  OPINION HOLDS: Neither the federal or state constitution requires individualized sentencing for young adult offenders or adult offenders with intellectual disabilities.

            Appeal from the Iowa District Court for Story County, James M. Drew, Judge.  AFFIRMED AS MODIFIED.  Heard by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (16 pages)

            Troy Bigelow appeals and JoAnn Barten cross-appeals the economic provisions of the decree dissolving their marriage.  OPINION HOLDS: I. Troy has not met his burden of showing the parties’ premarital agreement is procedurally or substantively unconscionable.  We affirm the finding that the agreement is valid and enforceable.  II. We affirm the dissolution decree but modify some of the property values.  The result is that Troy receives around 55% of the marital property while JoAnn receives about 45%.  Because JoAnn’s overall assets are significantly greater than Troy’s, we find this division of marital property is equitable and decline to order any equalization payment.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            This appeal involves the economic terms of the decree dissolving the marriage of David and Melissa Lewis.  David appeals the division of marital property.  Melissa cross-appeals, arguing she should be awarded spousal support and an accelerated timeline to receive the property equalization payment.  Both parties request appellate attorney fees, and Melissa argues the district court failed to do equity in denying her request for trial attorney fees.  OPINION HOLDS: Upon our de novo review, we affirm the district court order with respect to the division of marital property, spousal support, and trial attorney fees.  However, we modify the property equalization award to include interest on the installment payments and decline to award appellate attorney fees to either party.

              Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (10 pages)

              Jerin Mootz appeals his conviction for neglecting or abandoning a dependent person, arguing the district court abused its discretion in allowing evidence of prior bad acts.  OPINION HOLDS: Because we find no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  APPEAL DISMISSED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (5 pages)

            D.S. appeals the juvenile court’s extension of a protective order for relief from sexual abuse under Iowa Code chapter 236A (2021).  He contends the court erred in extending the order after its one-year duration had ended.  He also denies that he continued to pose a threat to the protected party.  OPINION HOLDS:  Because R.M. did not extend the protective order a second time, and the first extension expired by the time the case was submitted to our court, we find the appeal is moot.  We consider the public-importance exception to mootness and find it does not allow us to hear the merits of the appeal.  The appeal is dismissed. 

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Carmela Canady appeals her conviction for assault causing bodily injury, challenging the sufficiency of the evidence.  OPINION HOLDS: Because substantial evidence shows Canady caused a bodily injury, we affirm.

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Sarah Aucutt appeals the district court’s finding that she failed to prove damages on her cross-claim against Austin Bowman seeking reimbursement for payments she made toward a note on a loan they cosigned to refinance Bowman’s vehicle.  OPINION HOLDS: Aucutt served as an accommodation party to Bowman, the accommodated party.  As an accommodation party, Aucutt is entitled to reimbursement from Bowman for the amount she has paid in satisfaction of the note.  Uncontroverted evidence established she paid $3160.00 toward satisfaction of the note at the time of trial.  So we remand to modify the judgment to increase it by $3160.00.  Aucutt may bring future suit to recover additional amounts she pays towards satisfaction of the note.

            Appeal from the Iowa District Court for Howard County, Alan Heavens, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (9 pages)

            David Myers appeals a district court ruling that dismissed his petition for lack of subject matter jurisdiction because of his failure to request farm mediation under Iowa Code section 654B.3(1) (2021).  Myers contends the court erred in (1) finding that provision applied to his claims and (2) denying his request for a stay.  OPINION HOLDS: We conclude that section 654B.3(1)(a) applies to all of Myers’s claims and, as a result, he needed to file a request for mediation with the farm mediation service and obtain a mediation release before filing suit.  Because Myers failed to do so, the district court was correct in concluding that it lacked subject matter jurisdiction, denying Myers’s motion for a stay, and dismissing the petition.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J. (10 pages)

            Ashley Hennings appeals her convictions for vehicular homicide, leaving the scene of an accident, and eluding.  She claims she was entitled to an alternative jury instruction on causation, the district court should have granted her motion for a new trial, and that the sentencing court violated the one-homicide rule.  OPINION HOLDS: We find the district court adequately instructed the jury on causation and properly exercised its discretion in denying her request for a new trial.  But we agree the district court violated the one-homicide rule.  So we affirm the convictions but remand for entry of a new sentencing order.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            Joseph Manatt claims the court improperly instructed the jury on the fiduciary duties owed by a minority shareholder in a corporation.  OPINION HOLDS: Because the court improperly instructed the jury on the fiduciary duties owed by a minority shareholder, we reverse and remand for a new trial.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  AFFIRMED ON APPEAL AND REMANDED; AFFIRMED ON CROSS-APPEAL.  Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (11 pages)

            Roger Lundtvedt appeals the district court ruling ordering specific performance of a real estate contract.  Russell Lensing cross-appeals the court’s denial of his claim for breach of contract.  OPINION HOLDS: We affirm the district court’s ruling on specific performance and Lensing’s breach-of-contract claim and remand for the district court to set a new closing date.

              Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

              Joshua McCoy appeals the denial of his application for postconviction relief after being convicted of murder in the first degree and robbery in the first degree.  OPINION HOLDS: McCoy has not shown he received ineffective assistance because defense counsel failed to request a jury instruction for willful injury as a lesser-included offense. 

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Buller, JJ.  Opinion by Tabor, P.J.  (9 pages)

            The estate appeals two decisions of the district court finding a business partner had no liability for a loan and declining to award it half the proceeds of the sale of partnership equipment.  OPINION HOLDS: We find substantial evidence supports the court’s findings and conclusions of law on both issues and affirm. 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (6 pages)

            Bryan Halfhill appeals his convictions for second-degree sexual abuse and lascivious acts with a child.  OPINION HOLDS: We determine the district court applied the wrong standard in ruling on Halfhill’s motion for new trial.  We reverse the district court’s ruling on the motion for new trial and remand to the district court for a new ruling applying the weight-of-the-evidence standard. 

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED IN PART, REVERSED IN PART, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Bower, C.J., Badding, J., and Doyle, S.J.  Opinion by Bower, C.J. (9 pages)

            Darnell Cane Redmond appeals his conviction and sentence for third-degree burglary.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict.  But the district court applied the wrong standard in ruling on the motion for new trial, and we remand for the district court to apply the weight-of-the-evidence standard.  In addition, the district court failed to exercise its sentencing discretion so we vacate the sentence and remand for resentencing consistent with the requirements of Iowa Code section 908.10 (2021).

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  Dissent by Badding, J. (9 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: The father abandoned the child under chapter 600A (2021), and termination is in the child’s best interests.  DISSENT ASSERTS: Because the father visited the child at least monthly when he was not incarcerated and regularly called and corresponded with her when he was, I conclude he maintained “substantial and continuous or repeated contact” with the child under Iowa Code section 600A.8(3)(b)(1) and (2) (2021).  As a result, I would reverse the juvenile court’s decision granting the grandmother’s petition to terminate the father’s parental rights under the ground of abandonment.

            Appeal from the Iowa District Court for Washington County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (7 pages)

            Murphy Lee Rutherford appeals his conviction and sentence imposed following a plea deal.  He claims the plea lacked a factual basis.  He also claims the court abused its discretion in sentencing.  OPINION HOLDS: Because Rutherford did not move in arrest of judgment, we do not reach his claim related to the plea’s factual basis.  We conclude the court did not abuse its discretion during sentencing. 

            Appeal from the Iowa District Court for Crawford County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Oscar Robles appeals the sentences imposed by the district court following his guilty pleas entered pursuant to a plea agreement.  Robles contends the court abused its sentencing discretion by failing to consider a mitigating factor.  OPINION HOLDS: Because we find no abuse of discretion by the district court, we affirm the sentences.

            Appeal from the Iowa District Court for Van Buren County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Timothey Wright appeals the district court’s order dismissing his breach-of-contract action against Derek Fee, contending the district court erred in (1) its definition of the “final destination” term under an oral service agreement; (2) finding that he breached the “final destination” term; (3) finding that his breach of the “final destination” term was material; and (4) rejecting his claim for damages.  OPINION HOLDS: We discern no error in the district court’s denial of Wright’s breach-of-contract claim or in its finding that Wright materially breached the oral contract.  Because of this, Wright is not entitled to damages in any amount.

            Appeal from the Iowa District Court for Marion County, Martha Mertz, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            Cynthia Johnson appeals a district court order removing her as guardian of her adult daughter, arguing there was no basis in the record to support her removal.  OPINION HOLDS: Because we find that Cynthia was no longer suitable to serve as guardian, we affirm the court’s order.

            Appeal from the Iowa District Court for Poweshiek County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Julia Cox appeals the sentences imposed following her guilty pleas to abuse of a corpse and accessory after the fact, contending the district court “failed to give adequate reasons for consecutive sentences.”  OPINION HOLDS: The court’s decision to impose consecutive sentences was not clearly untenable or unreasonable.  Because the court properly exercised its discretion, we affirm Cox’s convictions and sentences.

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Danilson, S.J.* Opinion by Chicchelly, J.  (4 pages)

            Thomas Lee White appeals his convictions and sentences for first-degree robbery and willful injury causing serious injury.  OPINION HOLDS: Because substantial evidence supports White’s willful-injury conviction and it does not merge with his first-degree-robbery conviction, we affirm.

            Appeal from the Iowa District Court for Mills County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (13 pages)

            The defendants appeal a jury verdict in favor of a former employee on his claims of disability discrimination and constructive discharge, arguing the district court abused its discretion in several pretrial evidentiary rulings on the parties’ motions in limine.  OPINION HOLDS: On the claims where error was properly preserved for our review, we find no abuse of discretion and affirm the judgment for the employee.

            Appeal from the Iowa District Court for Wapello County, Lucy J. Gamon, Judge. AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (5 pages)

            Dion Johnson appeals the physical-care provision of the court’s decree establishing paternity, custody, visitation, and support of his child with Shelby Maddy.  OPINION HOLDS: On our de novo review and giving weight to the Shelby’s history of being the primary caregiver, we affirm.

  Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (10 pages)

            The State appeals the postconviction-relief court’s finding that Mark Bishop received ineffective assistance of counsel during his criminal trial and grant of a new trial.  OPINION HOLDS: Bishop failed to establish he received ineffective assistance of counsel on either basis alleged.  So we reverse the district court and remand for dismissal of Bishop’s postconviction-relief application.

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  AFFIRMED AS MODIFIED ON THE APPEAL; AFFIRMED ON THE CROSS-APPEAL.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (13 pages)

            Jonathan Ricklefs appeals the district court dissolution decree. He contends the court assigned the wrong value to two pieces of property.  He claims the court also wrongly imputed his income.  And he asserts the court should have increased his visitation with his child during the summer from four weeks to six weeks. Jenna Ricklefs cross-appeals, requesting we increase Jonathan’s income for child support purposes and decrease his summer visitation.  OPINION HOLDS: We conclude the court assigned the proper value to one piece of Jonathan’s property and his income.  However, the court improperly valued the second piece of property.  We also conclude the decree provides liberal visitation.  We affirm as modified on the appeal and affirm on the cross-appeal.  We decline to award appellate attorney fees. 

              Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (13 pages)

              Tanner Sorensen appeals the denial of his motion to suppress and subsequent conviction, arguing the evidence he sought to suppress was found while officers entered his home in violation of Iowa Code section 804.15 (2020) or using a search warrant obtained based on their findings during the initial illegal entrance.  OPINION HOLDS: Because officers failed to comply with the statute, they wrongfully entered Sorensen’s home and the evidence collected following this wrongful entry should have been suppressed on Sorensen’s motion.

            Appeal from the Iowa District Court for Wapello County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Sundance Land Company, LLC, appeals the district court’s denial of its petition to quiet title to real estate and its granting of the Remmarks’ counterclaim alleging a border by acquiescence.  OPINION HOLDS: We affirm the district court’s denial of Sundance’s claims and the court’s grant of the Remmarks’ counterclaim.

            Appeal from the Iowa District Court for Woodbury County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            The father appeals the district court’s order granting the mother physical care over their two children, arguing the decision is unsupported by the record.  OPINION HOLDS: On our de novo review of the record, we conclude the district court acted equitably in denying the father’s request for joint physical care and in granting the mother physical care of the children. 

              Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (7 pages)

              Franklin Benites Garcia appeals from his written guilty plea for operating a vehicle while intoxicated, third offense, claiming the written plea did not substantially comply with Iowa Rule of Criminal Procedure 2.8(2)(d) and the plea was not entered into knowingly and intelligently.  He also challenges his sentence, arguing the district court failed to provide sufficient reasons for the sentence imposed.  OPINION HOLDS: Because Benites Garcia was adequately informed regarding the need to file a motion in arrest of judgment and the consequences for failing to do so, he lacks good cause to challenge his guilty plea.  As for his claims directed at his sentencing, we reverse his sentence and remand to the court for resentencing. 

            Appeal from the Iowa District Court for Linn County, Valerie Clay, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            HRDMM Hospitality Services, Inc. appeals the district court’s denial of a motion to discharge a judgment in its entirety.  OPINION HOLDS: The circumstances surrounding this case have not changed to warrant discharge of the entire judgment.  We affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (7 pages)

            A father appeals the district court order terminating his parental rights in a private termination proceeding.  OPINION HOLDS: We find there is sufficient evidence of abandonment, as the father has not provided financial support for the child or maintained regular communication.  Termination of the father’s parental rights is in the child’s best interests.  We affirm the decision of the district court.

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

            Charles Davisson appeals from the grant of summary judgment rejecting his claim of boundary acquiescence with a neighboring property and from the denial of his motion to examine certain affiants.  OPINION HOLDS: The evidence is not sufficiently definite to generate a fact question on boundary acquiescence, and the district court did not abuse its discretion in denying Davisson’s motion to examine affiants after he failed to explain the need for this discovery.

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            Timothy Vincent appeals the sentence imposed on his conviction for possession of a controlled substance.  He argues the court failed to provide adequate reasons for its sentencing decision.  OPINION HOLDS: We conclude the sentencing order provides an adequate explanation for the sentence based on the record before the court, and we affirm the sentence imposed.

            Appeal from the Iowa District Court for Boone County, James A. McGlynn, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Lacole Mantey appeals the district court’s order on Riley Mantey’s petition to modify the decree dissolving their marriage, challenging the court’s decision to grant Riley’s request for physical care of their children.  OPINION HOLDS: On our de novo review, we conclude Riley was the superior caretaker and the district court acted equitably in modifying the dissolution decree to grant him physical care of the children.

            Appeal from the Iowa District Court for Clay County, Andrew J. Smith, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Joshua Alan Richardson appeals the sentence imposed after pleading guilty to possession of methamphetamine.  OPINION HOLDS: Although the court imposed an illegal sentence, the circumstances of this case would lead to imposition of the same sentence if we remand for resentencing.  Because our opinion would have no force or effect, the appeal is moot.

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  Dissent by Buller, J.  Tabor, J., takes no part.  (14 pages)

            A father appeals the termination of his parental rights under Iowa Code chapter 600A (2021).  OPINION HOLDS: Because the mother failed to prove the cited statutory ground for termination, we reverse the order terminating the father’s parental rights to the child.  We remand for dismissal of the action.  DISSENT ASSERTS: I would find the mother met her burden to terminate the father’s parental rights on an abandonment theory.  The father’s history of domestic violence is the source of all restrictions that were placed on his visitation with the child, and he took at most minimal steps toward reinitiating contact.  I would also find termination is in the best interests of the child. 

            Appeal from the Iowa District Court for Plymouth County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Sierra Winters appeals from a custody decree placing physical care of her children with the father.  OPINION HOLDS: We affirm, finding that placement with the father is in the children’s best interests.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            M.W. appeals the termination of his parental rights to one child, M.D.W.  He contends that the statutory grounds are unsatisfied, termination does not serve the child’s best interests, and a six-month extension should have been granted.  OPINION HOLDS: Having considered the father’s arguments, we find each without merit and affirm termination of his parental rights.

            Appeal from the Iowa District Court for Iowa County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals the termination of her parental rights, arguing (1) the State failed to prove a statutory ground for termination; (2) termination is not in the best interests of the child; and (3) a permissive exception should have precluded termination.  OPINION HOLDS: We reject the mother’s arguments and affirm.

              Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

              Two fathers, Sc.L. and Sh.L., separately appeal from the termination of their parental rights.  OPINION HOLDS: Because the State proved the statutory grounds for termination as to both fathers, termination of Sc.L.’s parental rights is in the children’s best interests, and neither father has shown the bond shared between they and the children is strong enough to make termination detrimental to the children, we affirm the juvenile court’s termination of both father’s parental rights.

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her child, contending (1) the department of health and human services failed to make reasonable reunification efforts and (2) termination was not in the child’s best interests.  OPINION HOLDS: We conclude the department satisfied its reasonable efforts obligation and agree with the district court’s opinion that termination is in the child’s best interests.

            Appeal from the Iowa District Court for Jackson County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father and mother each appeal the termination of their parental rights.  OPINION HOLDS: We conclude there is sufficient evidence in the record to support termination of both the mother and father’s parental rights.  The father has not shown an exception to termination should be applied.  Also, the court properly denied the mother’s request for an extension of time.  We affirm the district court on both appeals.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights to H.B., born in December 2018, and C.B., born in December 2019.  OPINION HOLDS: The court did not abuse its discretion in denying late motions to substitute counsel and continue trial.  In light of the mother’s unresolved mental-health issues, there is clear and convincing evidence the children could not be returned safely to her custody, and no exception precludes termination.  We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            C.D. appeals the termination of her parental rights to one child, Z.D.  She contends that reasonable efforts were not made, the statutory grounds are unsatisfied, and an exception should be granted due to the closeness of the parent-child bond.  OPINION HOLDS: Having reviewed the mother’s arguments regarding the statutory grounds, reasonable efforts, and an exception to termination, we find each without merit and affirm termination of her parental rights.

              Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

              The mother appeals from the permanency order that maintained custody and care of two of her children with their father.  OPINION HOLDS: The State proved the children could not be safely returned to the mother at the time of the hearing.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father appeals the termination of his parental rights to his child, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) the district court should have afforded him “additional time to work toward reunification”; (3) termination was not in the child’s best interests; and (4) the district court “should have applied an exception to termination due to the closeness of the parent-child relationship.”  OPINION HOLDS: We affirm the court’s order terminating the father’s parental rights.

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            A father appeals the termination of his parental rights to his two children.  OPINION HOLDS: On our de novo review of the record, we agree with the district court that the children could not be returned to the father’s custody.  The court appropriately terminated the father’s parental rights pursuant to Iowa Code section 232.116(1)(h) (2022).   

              Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

              The juvenile court terminated the mother’s parental rights to one of her children, A.M., under Iowa Code section 232.116(1)(e), (g), and (h) (2022).  On appeal, the mother challenges the statutory grounds for termination and argues the loss of her rights is not in A.M.’s best interests.  She also asks for additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

              Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (7 pages)

              Parents Katherine and Reginald separately appeal the order terminating their parental rights to eight-month-old D.T.  Katherine challenges the statutory grounds for termination, argues it was not in D.T.’s best interests and a permissive factor applies, and requests more time.  Reginald challenges the statutory ground for termination and argues it was not in D.T.’s best interests.  He also argues termination is detrimental to D.T. due to a strong bond.  OPINION HOLDS: The State met its burden to prove all the requirements for termination, and it is in the child’s best interests.  So we affirm.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: The statutory ground for termination is met because the child cannot safely return to either parent.  Termination is in the child’s best interest, and the parent-child bonds are not strong enough to preclude termination.  We do not grant additional time to either parent to work toward reunification.  And the parents failed to preserve any reasonable-efforts challenge for our review.

              Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (5 pages)

              A father, R.T., appeals the termination of his parental rights to two children.  OPINION HOLDS: Because the children could not be returned to the father’s custody at the time of the termination hearing, the father failed to preserve error as to a six-month extension, and the father failed to prove the bond between he and the children was so strong as to make termination detrimental to the children, we affirm.