June 2023 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Terrell Lobley appeals the denial of his application for postconviction relief following his 2007 convictions for second-degree murder and intimidation with a dangerous weapon, contending his trial attorney was ineffective.  OPINION HOLDS: We affirm the denial of Lobley’s postconviction-relief application.

            Appeal from the Iowa District Court for Winnebago County, James M. Drew, Judge.  REVERSED AND REMANDED.  Heard en banc.  Opinion by Greer, J.  (26 pages)

            Timely Mission Nursing Home appeals the district court’s admission of certain evidence as well as jury instructions.  OPINION HOLDS: Because prejudicial, inadmissible evidence was allowed into evidence, we reverse and remand for a new trial.

              Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (14 pages)

              Trent Williams appeals the district court’s denial of his request for postconviction relief (PCR) from his convictions for failure to register as a sex offender and assault on a peace officer.  He claims he received ineffective assistance because defense counsel allowed him to plead guilty when there were questions about his competency.  He also claims he received ineffective assistance from PCR counsel.  OPINION HOLDS: We affirm the district court’s decision finding Williams has not shown he received ineffective assistance at the time of his guilty pleas.  In addition, he has not shown he received ineffective assistance from PCR counsel.

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

            Ceagan Janssens appeals the sentence imposed upon his conviction for attempted murder committed when he was a juvenile. OPINION HOLDS: We find no abuse of discretion in the sentence that was imposed and affirm.

              Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

              Michael Cason Jr. appeals the denial of his application for postconviction relief (PCR), following his 2017 conviction for first-degree murder.  He argues the district court should have granted his application because he received ineffective assistance from trial counsel in a number of ways.  OPINION HOLDS: Cason did not establish any of his claims of ineffective assistance of trial counsel; we affirm the denial of his PCR application.

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

              Leslie Clark appeals his sentence following a guilty plea and the revocation of his probation.  OPINION HOLDS: Finding no abuse of the sentencing court’s discretion, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Potterfield, S.J.  Opinion by Chicchelly, P.J.  (3 pages)

            Drew Wilshire-Gerdes appeals the district court’s dismissal of his petition for a domestic-abuse protective order filed on behalf of his minor son, W.A.W.G.  Wilshire-Gerdes alleges the district court erred by failing to transfer the matter to the “proper proceedings” or “proper docket” under Iowa Code section 611.7 (2022).  OPINION HOLDS: Wilshire-Gerdes does not identify what he believes the “proper proceedings” or “proper docket” are for his petition, and we will not undertake research and advocacy on his behalf.  Moreover, section 611.7 pertains to transferring dockets between cases tried at law or in equity.  We find no errors at law and affirm the district court’s order.

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

            A defendant appeals the sentence imposed following revocation of a deferred judgment for probation violations.  OPINION HOLDS: We affirm the sentence imposed.

            Appeal from the Iowa District Court for Clinton County, John Telleen, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  Dissent by Schumacher, J.  (12 pages)

            Mary Streicher appeals the denial of her application for vaccination determination, in which she asked the district court to determine whether to vaccinate her two children following an impasse with her former husband, Shannon Frazier.  OPINION HOLDS:  Applications for determination of issues undecided by the original dissolution or custody proceeding are an appropriate and necessary vehicle to invoke the court’s tie-breaking authority.  Mary properly invoked this authority.  Therefore, we reverse and remand with instructions that the district court hear Mary’s application on the merits and make a determination consistent with the children’s best interests. DISSENT ASSERTS: I respectfully dissent from the majority opinion that holds a petition for modification was not required when the parents could not agree on a medical decision concerning the children after the entry of an original dissolution decree which granted the parties joint legal custody of their children.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            Tyshaun McKinney appeals his sentences for theft in the first degree and going armed with intent, asserting the district court violated his constitutional rights by relying on the contents of a sealed evaluation prepared for a reverse waiver hearing.  OPINION HOLDS: We find McKinney failed to preserve error on his claims and affirm.

              Appeal from the Iowa District Court for Scott County, Mark Fowler, Henry W. Latham II, and Meghan Corbin, Judges.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

              JazMond Turner appeals his convictions on two counts of third-degree sexual abuse, claiming his right to a speedy trial was violated.  OPINION HOLDS: Although the record before us on appeal is incomplete, it is sufficient to show good cause existed to extend trial beyond the speedy-trial deadline when the court granted the State’s request for a continuance.  But because the trial court never ruled on Turner’s claim that the length of the delay between the deadline and trial violated his right to a speedy trial, that error is not preserved for our review.

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer, Schumacher, Ahlers, and Badding, JJ.  Opinion by Tabor, P.J.  (12 pages)

            Jeremiah Janes appeals his conviction for possession of methamphetamine with intent to deliver after the police arrested him and found the substance in his pocket.  He contends the police officer’s detection of a marijuana odor in the hotel parking lot where he was standing did not provide reasonable suspicion to seize him.  OPINION HOLDS: We find, even if the seizure were unreasonable, Janes could not lawfully resist his arrest.  That resistance gave an independent basis to search, resulting in the discovery of the methamphetamine.  So we affirm. 

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            Kalandis McNeil appeals his conviction for second-degree robbery as an habitual offender, challenging the sufficiency of the evidence to support the jury’s verdict.  McNeil also challenges the sentence imposed by the district court.  OPINION HOLDS: Upon our review, we affirm.

              Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (10 pages)

              Kristle Curtis appeals her conviction, arguing unfairly prejudicial evidence was wrongly admitted.  OPINION HOLDS: Because Curtis failed to preserve error on the admissibility of the evidence she challenges, we affirm.

            Appeal from the Iowa District Court for Monroe County, Gregory G. Milani, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J. (4 pages)

            Andrew Richardson appeals the district court’s denial of his motions to suppress evidence, arguing the warrantless seizure of his cell phone violated his constitutional rights. OPINION HOLDS: We affirm the district court’s denial of the suppression motion and Richardson’s conviction, judgment, and sentence.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (2 pages)

            Antrell Jackson appeals his sentences following a guilty plea arguing he should have been sentenced to unsupervised probation instead of supervised probation.  OPINION HOLDS: The district court did not abuse its discretion by sentencing Jackson to supervised probation.

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

            Roman Moncivaiz appeals the denial of his second postconviction-relief (PCR) application.  He alleges there is newly discovered evidence and that his trial counsel and first PCR counsel were ineffective in not discovering another suspect would not be prosecuted.  He also asserts trial counsel was ineffective in failing to challenge an aiding and abetting jury instruction because the State declined to prosecute another suspect.  OPINION HOLDS: Evidence that the State declined to prosecute another suspect would not have changed the result of Moncivaiz’s trial or first PCR.  As a result, neither trial counsel nor Moncivaiz’s first PCR counsel was ineffective.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Cass County, Craig M. Dreismeier, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Chicchelly, J.  (5 pages)

            Simranjit Singh appeals a district court order granting Michael McDermott’s motion for summary judgment and dismissing Singh’s claim for negligence.  Singh alleges the district court erred in finding that he could not prove McDermott breached a duty of care or that the doctrine of res ipsa loquitur should be applied.  OPINION HOLDS: Because Singh has not put forth evidence by which a reasonable jury could find McDermott was negligent, we affirm the district court’s dismissal of this action.

            Appeal from the Iowa District Court for Sioux County, James N. Daane, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran, Tabor, Greer, Schumacher, Badding, Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Jerry Vreeman appeals a summary judgment ruling determining Iowa Code chapter 673 (2021) provided the defendants with statutory immunity for domesticated animal activity.  OPINION HOLDS: Because the relevant activity does not trigger immunity under chapter 673, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Danilson, S.J.  tabor, J., takes no part. Opinion by Danilson, S.J.  (7 pages)

            A father appeals the termination of his parental rights under Iowa Code section 600A.8(3)(b) (2022).  He contends the court erroneously found he abandoned his child and failed to consider whether his “disability” “validly excuses the lack of physical visitation” he had with the child.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (3 pages)

            Pajazetovic appeals an award of damages following a jury trial in a negligence action.  OPINION HOLDS: Because Pajazetovic did not preserve error on his claim, we affirm. 

            Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Plaintiffs Benjamin and Danielle Silver appeal the district court’s summary judgment ruling in favor of defendants Bret Barner, Barner Realty, Helen Royer, and Kevin Royer.  The Silvers contend there are legitimate issues of material fact relating to whether the defendants engaged in fraudulent misrepresentation. OPINION HOLDS: We conclude the district court did not err in granting the defendants’ motions for summary judgment.

            Appeal from the Iowa District Court for Dickinson County, Shayne Mayer, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            An ex-husband appeals denial of a petition to modify spousal-support payments.  OPINION HOLDS: We affirm as modified based on a substantial change in circumstances, reducing the ex-husband’s spousal-support obligation to $1125 per month, and deny all requests for attorney fees.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (4 pages)

            A defendant appeals his sentence; he argues the district court abused its discretion in imposing a prison sentence.  OPINION HOLDS: Because the district court’s sentence was not unreasonable nor based on untenable grounds, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Badding, J.  (4 pages)

            Charles Mimms appeals the sentence imposed on his criminal conviction.  OPINION HOLDS: Finding no abuse of discretion or defect in sentencing procedure, we affirm. 

              Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (2 pages)

              Jesse Cickavage appeals from the district court’s award of $8220 in appellate attorney fees to Sara Cickavage.  OPINION HOLDS: We affirm and award Sara an additional $1125 in appellate attorney fees.

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

            Fitsum Russell appeals his sentence following an Alford plea.  OPINION HOLDS: We find no abuse of discretion and affirm the sentence.

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

            A mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: Because the mother does not challenge one of the four statutory grounds for termination the juvenile court found satisfied, we affirm on the unchallenged statutory ground.  We also conclude termination is in the children’s best interests and the parent-child bonds are not so strong as to preclude termination.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights.  OPINION HOLDS: Because a six-month extension would not be appropriate and termination is in the child’s best interests, we affirm. 

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

            A mother appeals the termination of her parental rights.  She claims termination is not in the children’s best interests.  She also contends the juvenile court should have granted a six-month extension.  OPINION HOLDS: We find termination is in the children’s best interests.  And a six-month extension is not appropriate on these facts.  We affirm.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination.  Termination is in the child’s best interest, and we decline to apply a permissive exception to termination.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Scott Beattie, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (10 pages)

            Stanley Wofford appeals his conviction for murder in the first degree.  He asserts the State failed to prove he was not justified in the shooting death of John Belcher.  OPINION HOLDS: We conclude a reasonable jury could find Wofford was not justified in shooting Belcher and affirm his conviction.

            Appeal from the Iowa District Court for Polk County, Brendan E. Greiner, District Associate Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

            Munchelo Dock appeals his Alford pleas to nine counts of indecent exposure and the sentence imposed by the district court, arguing (1) the prosecutor breached the plea agreement; (2) the plea lacked a factual basis; and (3) his convictions and sentences “violate[d] the Double Jeopardy protection against cumulative punishment, and amount[ed] to an illegal sentence.”  OPINION HOLDS: We affirm Dock’s convictions but vacate his sentences and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            Charlie Gary III was convicted after a jury trial of first-degree murder, first-degree burglary, first-degree robbery, and abuse of a corpse.  On appeal, he challenges the sufficiency of the evidence of malice aforethought to support his first-degree murder conviction and makes claim of prosecutorial misconduct.  OPINION HOLDS: Gary concedes no objection was made to preserve his claims of prosecutorial misconduct so we do not address them.  Because there is substantial evidence from which the jury could find malice aforethought, we affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Justin Barnes appeals following his Iowa Rule of Criminal Procedure 2.10 guilty plea.  He complains he was not given an opportunity to withdraw his guilty plea at the sentencing hearing after the court informed him it could not suspend the fine associated with one of the charges as provided for in the guilty plea.  OPINION HOLDS: Barnes established good cause to appeal.  The district court erred by not informing Barnes he could withdraw his guilty plea prior to the imposition of the mandatory fine.  We vacate the sentence and remand for further proceedings.

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (10 pages)

            Roger McGhee appeals from the denial of his application for postconviction relief (PCR), contending both ineffective assistance of defense counsel and ineffective assistance of PCR counsel.  OPINION HOLDS: We reject all of McGhee’s claims that his defense counsel was ineffective.  He must raise the effectiveness of his PCR counsel in a separate action.

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, J.  Tabor, J., takes no part. (12 pages)

            D.L. appeals the adjudication and dispositional orders in child delinquency proceedings based on a finding she aided and abetted in the theft of an automobile.  OPINION HOLDS: We conclude there is sufficient evidence in the record to support a finding that D.L. committed a delinquent act that would be considered aiding and abetting in theft by possession of stolen property if she had been an adult.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Tabor, J., takes no part.  Opinion by Greer, J.  (8 pages)

            Douglas Beery was convicted of first-degree murder and assault with intent to inflict serious injury in 1996.  Here, he challenges the denial of his fourth application for postconviction relief (PCR), which he filed nearly two decades after the statute of limitations ran.  OPINION HOLDS: Beery’s claim that his trial counsel argued self-defense against his wishes is not premised on a new ground of fact, so it does not fall within the exception to the statute of limitations.  While two of his brother’s confessions took place after the statute of limitations ran, Beery cannot prevail on the substance of his newly-discovered-evidence claim.  So, we affirm the district court’s denial of Beery’s fourth PCR application.  

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Arthur Griffin Jr. appeals from his conviction for domestic abuse assault, third offense, as a habitual offender.  He contends that recordings from a 911 call and a police body camera were impermissibly admitted into evidence in violation of his rights under the federal and state confrontation clause.  OPINION HOLDS: We reject Griffin’s arguments, finding the evidence nontestimonial, and affirm the district court.

            Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge.  AFFIRMED ON APPEAL; WRIT SUSTAINED IN PART AND REMANDED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (22 pages)

            Diane Wedebrand, Mike Kats, Arvin Brenneman, and Harold Vander Vliet appeal the trial court’s ruling in this declaratory judgment action finding Scott Postma is a shareholder of Ozone Solutions, Inc. and was entitled to notice of the meeting held on May 31, 2018.  Postma cross-appeals the court’s rulings on his requests for sanctions.  OPINION HOLDS: Because Postma was a shareholder and received no notice for the May 31, 2018 meeting, the actions taken at that meeting are void.  We affirm on the appeal.  We treat the cross-appeal as a petition for writ of certiorari, grant the petition, and sustain the writ in part.  We find no abuse of discretion in the trial court’s determination sanctions were to be imposed upon Kats alone for the bad faith presentation of an affidavit under Iowa Rule of Civil Procedure 1.981(7).  But, because the district court employed the wrong standard in determining whether sanctions should be imposed under rule 1.517(3)(b), we sustain the writ in part and remand for consideration under the correct standard.   

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

            Vincent Brocato appeals his convictions for attempted murder and domestic abuse assault while using a dangerous weapon.  He claims the State failed to provide sufficient evidence establishing him as the victim’s assailant.  OPINION HOLDS: The jury’s verdict concluding Brocato shot the victim is supported by substantial evidence.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  CONDITIONALLY AFFIRMED AND REMANDED.  Considered by Greer, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (13 pages)

            In FECR353225, a jury found Yarrell Fisher Jr. guilty of third-degree burglary (count I), second-degree criminal mischief (count II), and third-degree harassment (count III).  Fisher challenges his convictions on counts I and II, arguing the State presented insufficient evidence to support the convictions and the greater weight of credible evidence supports acquittal.  Fisher was sentenced in FECR353225 and a second case, FECR352573, at a combined sentencing hearing; he challenges some of those sentences, claiming the district court abused its discretion in denying his request for probation and imposing incarceration.  He also argues the court failed to state adequate reasons on the record for ordering him to serve the sentences in FECR353225 consecutive to the sentences imposed in FECR352573.  OPINION HOLDS: Substantial evidence supports Fisher’s challenged convictions.  However, because the district court applied the wrong standard on his motion for new trial, we conditionally affirm Fisher’s convictions and remand for the court to consider the motion for new trial, using the correct standard.  If the court grants the motion, then Fisher shall receive a new trial.  If the court denies the motion, Fisher’s convictions are affirmed.  Assuming his convictions stand, we find no reversible error or abuse of discretion in the sentencing of Fisher. 

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

            An employee appeals a district court ruling on judicial review affirming the denial of workers’ compensation benefits. OPINION HOLDS: We find there was substantial evidence to support the commissioner’s determination that Robert Shrum’s neck and right shoulder conditions were not causally related to his employment, as well as the commissioner’s denial of permanent partial disability benefits for Shrum’s right-arm injury and alternate or ongoing medical care for his neck and right shoulder.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (10 pages)

            Albert Marasco appeals from the decree dissolving his marriage; and Julie Marasco cross-appeals.  Both challenge the district court’s property distribution.  OPINION HOLDS: The district court’s property division was equitable.  However, it inadvertently attributed some non-marital assets to the marital estate and accidentally included a retirement account that the parties agree does not exist.  We modify the property division to account for these discrepancies while otherwise maintaining the district court’s division of property.  We decline to award Julie appellate attorney fees.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            Samuel Wright appeals the summary denial of his second postconviction relief application.  OPINION HOLDS: Because Wright’s pro se notice of appeal while represented by an attorney was a nullity, and a delayed appeal is not available in postconviction proceedings, see Jones v. State, 981 N.W.2d 141, 143 (Iowa 2022), we dismiss for lack of jurisdiction.

            Appeal from the Iowa District Court for Jackson County, Sean McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            Sherry Kindsfather appeals a district court ruling following a remand in an estate proceeding.  She raises a mishmash of claims involving limitation of actions, a stipulation by the parties made before remand, bifurcation of trial, sufficiency of evidence, due process, statutory interpretation and construction, res judicata and law of the case, a request for an equitable lien as a remedy, and redemption.  OPINION HOLDS: Having considered all of Kindsfather’s arguments on appeal, whether specifically mentioned or not, we affirm the judgment of the district court. 

            Appeal from the Iowa District Court for Webster County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Jon King appeals the denial of his postconviction-relief application.  OPINION HOLDS: Because King does not present newly discovered evidence that would prevent a reasonable fact finder from convicting him, we affirm.

            Appeal from the Iowa District Court for Madison County, Stacy Ritchie, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Greer, P.J.  (21 pages)

            A plaintiff appeals an adverse summary judgment ruling that dismissed his claims for injuries sustained after a collision with a police cruiser.  OPINION HOLDS: We reverse the entry of summary judgment and remand for further proceedings, concluding genuine issues of material fact remain that preclude the defendants’ entitlement to judgment as a matter of law. DISSENT ASSERTS: I respectfully dissent from the majority opinion.  Because the facts do not support a finding of recklessness on the part of the officer, I would affirm the grant of summary judgment. 

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Rick Reifenrath appeals the district court’s denial of his request for a deferred judgment, arguing it (1) improperly considered unproven or uncharged facts, and (2) failed to consider all the sentencing factors in denying his request.  OPINION HOLDS: We discern no abuse of discretion in the court’s stated reasons for declining Reifenrath’s request for a deferred judgment.

            Appeal from the Iowa District Court for Poweshiek County, Lucy J. Gamon, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (11 pages)

            A defendant appeals his conviction for second-degree theft of a van.  He asserts there was insufficient evidence for a rational jury to convict him.  OPINION HOLDS: Because the State failed to provide substantial evidence that the defendant intended to permanently deprive the van-owner when he took the vehicle, we reverse and remand with instructions.

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Schumacher, Badding, Chicchelly, and Buller, JJ.  Opinion by Badding, J.  (11 pages)

            Timothy Taylor challenges the district court’s award of traditional spousal support to his former spouse, Yvonne Taylor.  He also requests the parties’ income tax obligation be divided equally between the two.  Both parties seek appellate attorney’s fees.  OPINION HOLDS: We affirm, concluding the district court’s award of traditional spousal support was not excessive in amount and duration and Yvonne is unable to pay a tax burden created by Timothy’s substantial income.  Yvonne is awarded appellate attorney fees, which will be determined on remand.

            Appeal from the Iowa District Court for Keokuk County, Lucy J. Gamon, Judge.  REVERSED AND REMANDED.  Heard by Schumacher, P.J., and Badding and Buller, JJ.  Opinion by Schumacher, J.  (19 pages)

            Andrew Harper and Jayson Harper, father and son, appeal the district court’s grant of summary judgment to the City of Keswick on the Harpers’ claims of equitable estoppel concerning ownership of property originally platted as a street.  OPINION HOLDS: The City has not shown there are no genuine issues of material fact and that it is entitled to judgment as a matter of law on the elements necessary to establish a claim of equitable estoppel—abandonment, adverse possession, and unfair damage.  We reverse the district court’s grant of summary judgment and remand for further proceedings.  And because we are reversing for further proceedings, we do not address the Harpers’ claim that additional discovery was necessary before entry of the summary judgment ruling.

            Appeal from the Iowa District Court for Ida County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Tabor, P.J., Greer, Ahlers, Chicchelly, and Buller, JJ.  Opinion by Buller, J.  (10 pages)

            Beneficiaries of a will appeal from a declaratory judgment ruling to construe the will.  OPINION HOLDS: Because our case law dictates that we are forbidden from rewriting a will or modifying unambiguous language, we affirm the probate court’s decision to enforce the will as written.

              Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (8 pages)

              Two insured drivers denied coverage by their insurance company for property damage to a third party challenge the grant of summary judgment.  OPINION HOLDS: On our motion, we question plaintiffs’ standing to bring this claim.  Thus, we reverse the grant of summary judgment as premature and remand with directions for further proceedings.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Badding, J.  (5 pages)

            Madison Viers appeals the revocation of her deferred judgment, arguing the court “did not state a reason for the revocation.”  OPINION HOLDS: We reject Viers’s argument that the factual basis for revocation had to be in writing.  Finding the court provided a sufficient factual basis for revocation orally on the record, which Viers does not dispute, we affirm.

            Appeal from the Iowa District Court for Johnson County, Jason D. Besler, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Chicchelly, J., takes no part.  Opinion by Greer, J.  (12 pages)

            The City of Tiffin appeals the denial of its petition for declaratory judgment against land owned by the City of Coralville, which was previously owned by the Ruth E. Rarick Trust.  In part, Tiffin asked the deed be set aside.  OPINION HOLDS: Because the Trust was an indispensable party to the suit, which should have been brought in as a party, we reverse the district court’s ruling and remand the case with instruction to allow Tiffin to bring in the indispensable party for further proceedings. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  APPEAL DISMISSED. Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Shol Joseph Mabeng appeals, asserting the district court lacked authority to order him to remain in jail pending an opening in a community residential facility.  The State argues the appeal is moot because Mabeng is no longer in jail.  OPINION HOLDS: Because the issue of temporary confinement is moot and there is no “actual, present controversy” as to fees, we dismiss the appeal. 

            Appeal from the Iowa District Court for Shelby County, John J. Haney, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (13 pages)

            A former husband appeals the district court’s denial of his petition to modify his spousal support to the former wife following the dissolution of their marriage in 2005.  The district court denied the modification because he failed to show that either his ability to pay or former wife’s needs underwent a substantial change in circumstances justifying eliminating the spousal support.  OPINION HOLDS: As did the district court, we find the former husband failed to carry his burden to show a substantial change and affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (14 pages)

            Rashid Pharmacy appeals a judicial review decision upholding the agency’s adverse ruling against it.  OPINION HOLDS: We affirm, finding substantial evidence to uphold the agency’s decision and no errors of law.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Michael Rife appeals the district court order following judicial review of his workers’ compensation claim.  He contends the district court improperly found he was not entitled to reimbursement for an independent medical examination (IME).  He also alleges the court wrongly remanded to the commissioner to determine what credit Lattner Manufacturing and its workers’ compensation insurance carrier, Accident Fund General Insurance Co., (collectively Lattner), is entitled to for benefits paid for a prior injury Rife sustained.  OPINION HOLDS:  We find the district court erred by finding Rife was not entitled to any reimbursement for the IME as whether Iowa Code section 85.39 was triggered was not preserved.  We remand for determination of the reasonable cost of the IME. We determine the district court properly remanded for the commissioner to determine what credit Lattner deserved for compensating Rife’s prior injury.  Accordingly, we affirm in part, reverse in part, and remand to the workers’ compensation commissioner.   

            Appeal from the Iowa District Court for Tama County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Charles Davidson appeals his sentence following a guilty plea.  OPINION HOLDS: We find the district court gave ample reasoning for its sentence and find no abuse of the district court’s discretion.

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

            Pedro Martinez Castro appeals the sentences imposed on his criminal convictions, arguing the sentencing court considered “incorrect and inappropriate factors urged by the prosecution” and disregarded “appropriate mitigating factors.”  OPINION HOLDS: Finding the court did not abuse its discretion as alleged, we affirm the sentences imposed.

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: I. Clear and convincing evidence shows the children could not be returned to the parents’ custody at the time of the termination hearing.  II. Even assuming the mother preserved error on her reasonable-efforts claim, she cannot show the brief interruption in services one year before the termination hearing prevented the children from being returned to her custody.  III. Termination of the mother and father’s parental rights, not a long-term guardianship, serves the children’s best interests.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Ronald (Ronnie) Morgan appeals the district court’s order on remand of his petition to modify visitation with two minor children, A.M. and E.M.  Ronnie alleges that the court’s holiday visitation schedule is not in the children’s best interests and that the children’s mother, Alexis Ficek, should share responsibility for transportation to and from visitation.  OPINION HOLDS: Upon our de novo review, we affirm the court’s decision with respect to visitation but modify the order such that the responsibility for transportation shall be shared.  We also decline Alexis’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Black Hawk County, David Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals an order terminating her parental rights to two children. She putatively challenges the evidence supporting the grounds for termination cited by the district court.  She also contends the district court should not have terminated her parental rights based on the fact that a relative had custody of the children and based on the claimed bond she shared with them.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the children.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  The mother asserts termination of her rights is not in the best interests of the children and the court failed to consider applying an exception to termination.  The father challenges the grounds for termination and whether termination is in the children’s best interests.  OPINION HOLDS: We affirm on both appeals.

            Appeal from the Iowa District Court for Winnebago County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (9 pages).

            A mother appeals the termination of her parental rights to two children.  She claims there is insufficient evidence to support a statutory ground for termination, termination is not in the children’s best interests, and the court should decline to terminate based on her close bond with the children.  OPINION HOLDS: We find clear and convincing evidence in this record to support a statutory ground for termination.  Termination is in the children’s best interests.  And we, like the juvenile court, decline to apply an exception to preclude termination.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge. AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm.