August 2023 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Jones County, Jason D. Besler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (23 pages)

            Perry Knapp Sr. appeals his convictions for four counts of sexual abuse in the second degree, two counts of lascivious acts with a child, one count of incest, one count of child endangerment, and four counts of sexual exploitation of a minor.  He contends (1) the trial court abused its discretion in denying his motion to sever trial on the sexual-exploitation-of-a-minor counts, (2) in light of his stipulations as to their contents, the trial court abused its discretion in allowing the jury to see thumbnail images of child pornography found on his electronic devices, (3) the trial court erred in denying his motion to suppress the first search warrant, and (4) there is insufficient evidence of knowing possession to sustain the sexual-exploitation-of-a-minor convictions.  OPINION HOLDS: We find no abuse of discretion in the denial of the motion to sever or in the court’s evidentiary ruling and there was probable cause for the search warrant, and substantial evidence supports the sexual-exploitation-of-minors convictions.  We affirm.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie and David M. Porter, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (19 pages)

            David Jackson appeals evidentiary rulings regarding his toxicology report and testimony about privileged medical records, as well as the denial of his motion for a new trial.  OPINION HOLDS: The district court correctly allowed the results of Jackson’s toxicology report into evidence.  And because Peterson’s testimony about Jackson’s medical records was not prohibited by Iowa Code section 622.10 (2022) once Jackson opened the door and was admissible as an exception to the rule against hearsay, we affirm the district court’s admission of both. 

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (3 pages)

            Elvin Farris appeals the summary disposition of his postconviction challenge to a traffic violation.  OPINION HOLDS: Because the district court considered all issues raised by Farris and we approve of the court’s analysis, we affirm by memorandum opinion.

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Ahlers, P.J.  (9 pages)

            John Rapenske appeals his conviction for operating while intoxicated, second offense, challenging the denial of his motion to suppress.  Rapenske claims all evidence from a traffic stop should have been suppressed because the stop violated his Fourth Amendment right against unreasonable seizure.  OPINION HOLDS: Although the investigating officer acted on second-hand information from a 911 caller who relayed information supplied by his wife who was following Rapenske, the officer had reasonable suspicion to stop Rapenske in this instance.  So Rapenske’s Fourth Amendment rights were not violated, and the district court correctly denied the motion to suppress.

            Appeal from the Iowa District Court for Marion County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Mullins, S.J.  Opinion by Ahlers, P.J.  (13 pages)

            Chad Bennett challenges the sufficiency of the evidence supporting his convictions for stalking, conspiracy to commit stalking, tampering with a witness, and conspiracy to commit tampering with a witness.  He also claims the presiding judge should have recused herself.  OPINION HOLDS: Bennett’s convictions are supported by sufficient evidence.  The presiding judge did not abuse her discretion by denying Bennett’s motion for recusal.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (6 pages)

            A defendant appeals his five-year prison sentence, claiming that the district court abused its sentencing discretion.  OPINION HOLDS: Because we find the district court appropriately weighed the applicable sentencing factors, we affirm.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (9 pages)

            Jason Huddleston appeals the denial of his application for postconviction relief, contending the district court should have ordered that his now discharged sentence should be recalculated by the Iowa Department of Corrections or, alternatively, he is entitled to relief because his “guilty plea was premised on a false impression of the prospective sentence rendering it involuntary and unknowing” and his criminal attorney was ineffective in relation to his plea.  OPINION HOLDS: Finding Huddleston is not entitled to any relief on appeal, we affirm.

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            Jack Harold Smith Jr. appeals the denial of his motion to suppress evidence obtained from a traffic stop.  OPINION HOLDS: Because Officer Koedam observed a traffic violation, he had probable cause to stop Smith.  Smith’s constitutional rights to be free from an unreasonable seizure and search were not violated. 

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Michael Lehman appeals the denial of his application for postconviction relief.  He claims his plea counsel was ineffective for failing to request a competency hearing.  OPINION HOLDS: Lehman failed to prove that his plea counsel breached an essential duty because counsel had no reason to seek a competency evaluation.  Further, Lehman failed to prove prejudice by failing to prove that a competency evaluation would have likely found him incompetent.

            Appeal from the Iowa District Court for Linn County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (9 pages)

            Tiamo Blackcloud appeals the dismissal of his PCR application as untimely.  OPINION HOLDS: Because the application was filed six years after conviction and fails to raise a ground of fact that could not have been raised during the three-year statute of limitations period, we affirm the PCR court’s dismissal.

            Appeal from the Iowa District Court for Osceola County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J. (22 pages)

            Derek White appeals his convictions for neglect of a dependent person and two counts of child endangerment.  He seeks reversal based on five issues: (1) closed-circuit testimony by two child witnesses violated his right to confrontation under the Iowa Constitution; (2) the State did not prove that he caused the child’s injuries or had custody when they were inflicted; (3) the district court erred by denying his request for a jury instruction approved in civil cases; (4) the court abused its discretion by not clarifying the marshalling instructions in response to a jury question; and (5) the court erred in finding he had the reasonable ability to pay over $10,000 in category “B” restitution.  OPINION HOLDS: Finding no constitutional violation, substantial evidence to support the verdicts, and proper instructions for the jury, we affirm his convictions.  We also uphold the restitution order. 

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  JUDGMENT AND SENTENCE CONDITIONALLY AFFIRMED; RULING ON NEW TRIAL MOTION VACATED IN PART AND REMANDED.  Considered en banc.  Opinion by Ahlers, J.  Special Concurrence by Tabor, J.  (23 pages)

            James Rethwisch appeals his conviction for assault with intent to commit sexual abuse.  He (1) challenges the sufficiency of the evidence, (2) claims the jury improperly considered the State’s closing argument, (3) claims the district court applied the wrong standard when ruling on his motion for new trial based on the weight of the evidence, (4) argues the district court improperly submitted the case to the jury on a Friday afternoon, and (5) argues the court should have granted his motion for new trial based on newly discovered evidence.  OPINION HOLDS: Rethwisch’s claims regarding closing arguments and the timing of submission of the case to the jury are not preserved for our review.  His conviction is supported by substantial evidence.  The district court did not abuse its discretion when denying the motion for new trial based on newly discovered evidence.  As to Rethwisch’s claim that the district court applied the wrong standard when considering his motion for new trial based on the weight the evidence, he failed to alert the court the he believed the court applied the incorrect standard.  However, because our past case law could have led defense counsel to believe nothing more was required to preserve error than what counsel did here, we treat Rethwisch’s claim as preserved.  The district court did apply the incorrect standard when ruling on his motion for new trial based on the weight of the evidence.  We conditionally affirm and remand to the district court for application of the correct weight-of-the-evidence standard.  SPECIAL CONCURRENCE ASSERTS: I concur with the opinion in all respects except its discussion of error-preservation requirements on claims the district court applied the incorrect standard when ruling on a motion for new trial based on the weight of the evidence.  However, I agree we should treat Rethwisch’s claim as preserved and agree the district court applied the incorrect standard.

            Appeal from the Iowa District Court for Davis County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

            Andrew Wulf appeals the denial of his application for postconviction relief.  He claims he received ineffective assistance from his trial counsel in several respects.  OPINION HOLDS: Wulf failed to establish any ineffective-assistance claim that would entitle him to postconviction relief.

            Appeal from the Iowa District Court for Decatur County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Joseph Vanderflught appeals two convictions for attempt to commit murder.  OPINION HOLDS: We cannot consider claims of ineffective assistance of counsel on direct appeal.  We find no abuse of discretion in the district court’s ruling admitting text messages into evidence and in allowing the lead detective to sit at counsel table during voir dire.  Substantial evidence supports the finding that Vanderflught was not justified in shooting at the occupants of a passing vehicle.  Finding no merit in any of individual claim of error, there is no basis for reversing Vanderflught’s convictions for cumulative error. 

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            Nicholas Ertl appeals the sentence imposed following a guilty plea to possession of marijuana, second offense, after waiving his rights to be present the sentencing hearing, to the time before sentencing, and to file a motion in arrest of judgment.  OPINION HOLDS: Because our decision would have no practical effect upon Ertl’s sentence, we dismiss this appeal as moot.

            Appeal from the Iowa District Court for Cerro Gordo County, Dedra Schroeder, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Oscar Madong appeals a final domestic abuse protective order issued under Iowa Code section 236.5 (2022), challenging the finding that he engaged in domestic abuse against Terri Madong, his estranged wife.  OPINION HOLDS: Because a preponderance of the evidence shows Oscar intended to place Terri in fear of immediate physical contact that would be painful or injurious, we affirm.

            Appeal from the Iowa District Court for Hardin County, Bethany Currie, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Mullins, S.J.  Opinion by Badding, J.  (9 pages)

            Kendon Schwebke appeals the summary disposition of his second application for postconviction relief as time-barred. OPINION HOLDS: We affirm, finding no genuine issue of material fact that Schwebke failed to file his application within three years from when he discovered the alleged new ground of fact.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (3 pages)

The defendant challenges his sentence, arguing the district court failed to justify its decision to impose consecutive terms of imprisonment.  OPINION HOLDS: Affirmed without further opinion.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann Lekar, Judge.  AFFIRMED.  Considered by Greer, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            Antonio Dantzler appeals the denial of his third application for postconviction relief.  OPINION HOLDS: We affirm, finding Dantzler has not carried his burden of proving actual innocence.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            FDP WTC, LLC challenges the district court’s award of attorney fees and costs on remand.  OPINION HOLDS: We find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            Erick Alveno appeals his convictions for burglary in the second degree, assault with intent to commit sexual abuse, and indecent contact with a child.  OPINION HOLDS: Because substantial evidence supports the district court’s findings and Alveno did not preserve his prosecutorial-misconduct claim, we affirm.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (4 pages)

            J.W. appeals the entry of a protective order for relief from sexual abuse under Iowa Code chapter 236A (2022).  OPINION HOLDS: Considering the district court’s credibility findings, a reasonable mind could conclude it is more likely than not that J.W. sexually abused A.W.  Because substantial evidence supports the finding reached by the district court, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (3 pages)

            Timothy Fleshner appeals his sentence following a probation revocation.  He requested a deferred judgment, but the court imposed an indeterminate sentence of five years.  OPINION HOLDS: The district court acted within its discretion, so we affirm. 

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Richard George Fleck Jr. appeals his conviction for murder in the first degree.  OPINION HOLDS:  Because the district court acted within its discretion in ruling on a mistrial and substantial evidence supports the jury’s verdict, we affirm Fleck’s conviction.

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (5 pages)

            A respondent appeals the grant of a sexual abuse protective order.  OPINION HOLDS: Because the record is insufficient to prove sexual abuse, we reverse and remand to vacate the order.

            Appeal from the Iowa District Court for Lyon County, Charles Borth, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Ahlers, P.J.  (11 pages)

            James Lockwood appeals following his conviction for manufacturing marijuana.  He challenges (1) the district court’s refusal to include a jury instruction on medical necessity as an affirmative defense, (2) the sufficiency of the evidence, (3) the district court’s denial of his motions for mistrial and new trial, and (4) his sentence.  OPINION HOLDS: The district court correctly denied Lockwood’s proposed jury instruction.  Lockwood’s conviction is supported by sufficient evidence.  The district court did not abuse its discretion when it denied Lockwood’s motions for mistrial and new trial.  The district court also did not abuse its discretion when imposing sentence.

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            Amy Rasmussen appeals her sentences for two counts of assault causing bodily injury following an Alford plea.  She claims the district court abused its discretion when reaching a sentencing determination and the court imposed an illegal sentence by issuing a no contact order in connection with a dismissed charge.  OPINION HOLDS: The district court did not abuse its discretion when reaching a sentencing determination.  Issuance of the no contact order did not result in an illegal sentence because Rasmussen consented to the no contact order as part of the plea agreement and the district court’s authority to enter the no contact order.

            Appeal from the Iowa District Court for Davis County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (7 pages)

            Frederick Routt appeals the physical care and visitation provisions of the district court’s dissolution modification order.  Lindsey defends the order and requests attorney’s fees.  OPINION HOLDS: Because we find the district court’s modification order equitable, we affirm.  We grant Lindsey’s request for attorney’s fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.  Opinion by Ahlers, P.J.  (7 pages)

            Scott Luke appeals his sentence following his guilty plea to second-offense domestic abuse assault.  OPINION HOLDS: The district court did not abuse its discretion when sentencing Luke to incarceration and provided adequate reasoning for running the sentence consecutively to other sentences imposed following revocation of Luke’s probation in a separate case.

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

            Jerry Tolbert appeals the dismissal of his application for postconviction relief concerning his conviction for robbery in the first degree.  He challenges the district court’s finding that his application was untimely.  OPINION HOLDS: Because Tolbert’s application does not satisfy the exception set forth in Allison v. State, 914 N.W.2d 866 (Iowa 2018), we conclude the district court properly dismissed the application for untimeliness.

            Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (8 pages)

            Dashaun Redmond appeals his conviction for one count of carrying weapons.  He asserts that the search and seizure of his person violated his Fourth Amendment rights under the United States Constitution, as well as his rights under Article I, Section 8 of the Iowa Constitution.  OPINION HOLDS: We conclude the police officer was justified in believing that Redmond, who was at close range, may be armed and could be presently dangerous to himself.  And we also conclude it would be clearly unreasonable to deny the officer the power to take necessary measures to determine whether Redmond was in fact carrying a weapon and to neutralize the threat of physical harm.  The Terry pat-down did not violate Redmond’s constitutional rights, state or federal, and we affirm the denial of the motion to suppress.

            Appeal from the Iowa District Court for Black Hawk County, William P. Wegman, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            Paula Cole appeals from her conviction for child endangerment.  OPINION HOLDS: The evidence is sufficient to find Cole acted knowingly in a manner that created a substantial risk to her children’s physical, mental, or emotional health.

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Jonathan Brown appeals the denial of his second application for postconviction relief as untimely.  OPINION HOLDS: The district court did not err in dismissing the application, which was filed outside the three-year limitation period of Iowa Code section 822.3 (2022).

            Appeal from the Iowa District Court for Clay County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Stephen Leonard appeals the district court’s denial of his application for postconviction relief (PCR), contending his trial counsel was ineffective in advising him to waive trial by a jury, in failing to secure an expert witness, and in failing to depose one of the State’s witnesses.  OPINION HOLDS: Because Leonard failed to prove either breach of an essential duty by his trial counsel nor prejudice, we find he did not establish ineffective assistance of counsel and affirm the district court’s denial of Leonard’s PCR application.

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            Arthur McDole appeals the denial of his motion to suppress and his convictions for possession of a controlled substance with intent to deliver and failure to affix a drug tax stamp.  OPINION HOLDS: On our review, we affirm the district court’s rulings.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            Christopher Nall appeals the district court’s denial of his request for postconviction relief regarding his convictions for eluding and harassment.  He claimed he received ineffective assistance because defense counsel permitted him to plead guilty when his pleas were not knowing and voluntary.  OPINION HOLDS: We conclude Nall has not shown counsel’s performance was deficient or that he was prejudiced by counsel’s performance.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (7 pages)

            The applicant appeals the dismissal of his third postconviction-relief application as time-barred.  OPINION HOLDS: Because Sheffey was on notice of the State’s motion to dismiss and had adequate time and an opportunity to respond, we affirm.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            A defendant appeals his conviction for domestic abuse assault causing bodily injury, challenging the sufficiency of the evidence to support the verdict.  OPINION HOLDS: Finding the verdict is supported by substantial evidence, we affirm.

            Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            The estate of Anthony J. Zdroik appeals a summary judgment ruling in favor of Brian and John Ostrowski dismissing the estate’s claims of gross negligence.  OPINION HOLDS: We affirm.

          Appeal from the Iowa District Court for Louisa County, Clinton Boddicker, District Associate Judge.  AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

          Derrick Maynard appeals his conviction for voluntary manslaughter.  OPINION HOLDS: We determine the record contains substantial evidence that would convince a rational trier of fact that Maynard is guilty beyond a reasonable doubt of the crime of voluntary manslaughter.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  REVERSED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (6 pages)

            Garett McMillan pleaded guilty to four counts of fraudulent practice for tampering with the odometers of cars he sold online.  In exchange for his pleas, the State agreed to remain silent on his request for a deferred judgment.  While the State lived up to its bargain, McMillan now contends the sentencing court misinterpreted the State’s recommendation and asks the court to vacate his judgment and remand his case for resentencing.  OPINION HOLDS: Because we found the judge’s lack of clarification on whether he actually conflated the State’s silence on a deferred judgment with a recommendation, which is an impermissible factor, we vacate and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Polk County, William A. Price, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS TO DETERMINE ATTORNEY FEES.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals the district court’s award of physical care of her child to the father.  OPINION HOLDS: We affirm, finding multiple factors favor placing physical care with the father and deferring to the multiple adverse credibility findings against the mother by the lower courts.  We remand to the district court to determine the amount the mother should pay towards the father’s appellate attorney fees not to exceed $5000.

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

            Shar’on Jackson appeals an adverse grant of summary judgment based on her failure to disclose an expert under Iowa Code section 668.11 (2021), claiming either (1) she substantially complied with section 668.11 or (2) good cause existed to extend the time for compliance.  OPINION HOLDS: Finding Jackson did not substantially comply with the statute or establish good cause, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, William P. Wegman, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (5 pages)

            Aaron Brown appeals his conviction for operating a vehicle without owner’s consent.  OPINION HOLDS: We conclude there is substantial evidence in the record to convince a rational trier of fact of Brown’s guilt beyond a reasonable doubt.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Humboldt County, Kurt L. Wilke, Judge.  REVERSED AND REMANDED.  Considered by Chicchelly, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

                 Property owners appeal the district court order finding adjoining property owners were entitled to a boundary establishing their possession of a disputed 8.5-foot strip of land between the properties.  OPINION HOLDS: Finding the trial court misapplied the law as to acquiescence and adverse possession, and the plaintiffs failed in their proof as to declaratory judgment, we reverse and remand.

            Appeal from the Iowa District Court for Washington County, Michael Schilling, Judge.  AFFIRMED IN PART, VACATED IN PART, AND DREMANDED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J. (6 pages)

            Kevin Orris appeals from the sentence imposed following his guilty plea to six counts of incest of a dependent adult, a class D felony in violation of Iowa Code sections 726.2, 235B.2(4), 692A.102(1)(b)(17), and 903B.2 (2021).  Orris contends the district court abused its sentencing discretion and committed error that should invalidate his sentence.  OPINION HOLDS: Finding error in the court’s instruction to complete sex-offender treatment, we vacate only that portion of the order and affirm the remaining sentence.

            Appeal from the Iowa District Court for Van Buren County, John M. Wright, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Trina Sayre appeals the district court’s order awarding primary physical custody of her twin children to the children’s father, Jeremy Muntz, and awarding her visitation on the basis of three weekends a month.  OPINION HOLDS: We affirm placing physical care with Jeremy, reverse the district court’s denial of the request for a summer-parenting-schedule and remand with directions, and deny Jeremy’s request for attorney fees.

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            Mychael Patten appeals the sentences imposed on his criminal convictions.  He argues “the district court abused its discretion by failing to consider his postconviction rehabilitation, and by basing its decision to impose consecutive sentences solely on the facts and circumstances of the offenses.”  OPINION HOLDS: Finding no affirmative showing of an abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J. (5 pages)

            The defendant appeals from the sentence imposed following his guilty plea to one count of failure to comply—verification violation, second or subsequent violation as an habitual offender.  OPINION HOLDS:  Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (5 pages)

            A mother appeals the termination of her parental rights to A.M. pursuant to Iowa Code section 232.116(1)(h) and (l) (2022).  She challenges the existence of grounds for termination and contends termination of her rights is not in the child’s best interests.  In the alternative, the mother asserts the court should have granted her a six-month extension or placed the child in a guardianship with maternal grandmother and apply the permissive exception to termination in Iowa Code section 232.116(3)(a).  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Hamilton County, Hans Becker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (13 pages)

            F.Y., who is the father of P.S., and the mother of all three children separately appeal the termination of their parental rights.  F.Y. claims termination of his parental rights is not in the child’s best interests.  The mother contends she should have been granted a six-month extension to seek reunification, termination of her parental rights is not in the children’s best interests, and her bond with the children should provide a basis to avoid termination.  OPINION HOLDS: We affirm on both appeals.

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights.  The mother contends the State did not prove a statutory ground for termination nor that termination was in the children’s best interests.  She also argues that the State did not make reasonable efforts to reunite her family.  In his appeal, the father of the oldest child lobbies to place J.C. in a guardianship and argues that preserving his parental rights is in his son’s best interests.  OPINION HOLDS: Finding no cause for reversal in either parent’s arguments, we affirm the termination order. 

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

            A mother and father separately appeal the modification of a dispositional order transferring placement of their children.  OPINION HOLDS: We affirm, finding modification of the dispositional order was appropriate under Iowa Code section 232.103(4) (2023) and in the children’s best interests.

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            A mother appeals from the termination of her parental rights to her children.  She contends the State failed to prove the grounds for termination cited by the juvenile court, termination was not in the children’s best interests, and she should have been granted additional time to work toward reunification.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  She contends she should have been granted additional time to work toward reunification and termination was not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (12 pages)

            A mother of a thirteen-month-old with significant medical needs appeals the termination of her parental rights.  OPINION HOLDS: Finding the mother did not preserve error on her right-to-counsel claim and that the best interests of the child supports termination and is not overcome by the permissive exception or the option of a limited guardianship, we affirm the decision of the juvenile court terminating parental rights.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  MOTHER'S APPEAL DISMISSED, AFFIRMED ON FATHER'S APPEAL.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We dismiss the mother’s appeal as untimely.  The father’s challenge to the services provided to him is not preserved for our review, termination of his parental rights is in the child’s best interests, and we reject any other arguments he raises.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (8 pages)

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

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother did not preserve error on her claim the State did not engage in reasonable efforts to reunite her with her child.  Also, placing the child in a guardianship with a relative is not in the child’s best interests.  The child’s best interests are met by termination of the mother’s parental rights and adoption.  We affirm the juvenile court’s decision.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON MOTHER’S APPEAL; REVERSED AND REMANDED ON FATHER’S APPEAL.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  Partial Dissent by Buller, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights.  Both argue for extensions and that it was not in the child’s best interests to terminate their rights.  The mother also claims her bond with the child should preclude termination.  OPINION HOLDS: We find no grounds to reverse termination as to the mother.  But we find the father should receive another six months to work toward reunification with the child.  PARTIAL DISSENT ASSERTS: Because I do not find a sufficient basis to reverse the juvenile court’s denial of the father’s request for a six-month extension, I dissent from that portion of the majority opinion.

            Appeal from the Iowa District Court for Linn County, Carrie Bryner, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the termination of her parental rights.  She claims that the State failed to prove a ground for termination, that termination is not in the best interests of the child, and that her close bond with the child should prevent termination.  OPINION HOLDS: We find the State established a ground for termination by clear and convincing evidence.  We also find that termination is in the child’s best interests and that the parent-child bond is insufficient to preclude termination.  We affirm. 

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A father appeals the termination of his parental rights.  He argues termination is not in the child’s best interests, requests a permissive exception to termination be applied, and seeks additional time to work toward reunification.  OPINION HOLDS: Termination is in the child’s best interests.  We decline to apply a permissive exception to termination, and we do not grant the father any additional time to work toward reunification.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller., J., and Doyle, S.J.  Opinion by Doyle, S.J.  (3 pages)

            A father appeals after entry of  review orders in child-in-need-of-assistance proceedings involving five children, claiming violations of the Indian Child Welfare Act.  OPINION HOLDS: Finding no violations, we affirm. 

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

            A mother and father each appeal the termination of their parental rights.  OPINION HOLDS: As to the mother, we find a six-month extension of time is not advisable, termination of her parental rights is in the children’s best interests, and no exception to termination should be applied.  As to the father, there is sufficient evidence in the record to support termination of parental rights to his child, termination is in the child’s best interests, no exception to termination should be applied, and he will not be able to care for the child within six months.  We affirm both the termination of the mother’s parental rights to her two children and the father’s parental rights to his child.

            Appeal from the Iowa District Court for Poweshiek County, Patrick McAvan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because clear and convincing evidence shows the children’s best interests are served by terminating the mother’s parental rights, we affirm.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals the termination of her rights to five children, and the father appeals the termination of his rights to two of those children.  They both assert the State failed to show that termination was in their children’s best interest and that reasonable efforts were made toward reunification.  They also argue the district court should have granted them a six-month extension.  And the mother separately contends the district court should have granted a permissive exception to termination.  OPINION HOLDS: Because we find the State met its burden, it would take more than six months to reunify, the parents waived their reasonable-efforts challenge, and there is no basis for a permissive exception, we affirm.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Stephen Boeding appeals the district court decision denying his request for postconviction relief (PCR) for his conviction for first-degree murder.  OPINION HOLDS: Boeding has not shown he received ineffective assistance based on his claims defense counsel should have (1) filed an insanity defense, (2) called his wife, Angela Boeding, as a witness, and (3) requested an instruction on spoliation because a DVD of a police interview with Angela was destroyed.  Also, he has not shown he received ineffective assistance from counsel during his direct appeal.  We affirm the district court’s denial of Boeding’s PCR application.

            Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (8 pages)

            Travis Starr challenges the sufficiency of the evidence supporting his conviction for first-degree harassment.  He argues there is not substantial evidence he had the specific intent to threaten, intimidate, or alarm a police officer.  He also argues he had a “legitimate purpose” in telling the officer he would kill him.  OPINION HOLDS: Because the jury was not instructed to consider whether Starr’s level of intoxication impacted his ability to form specific intent, and because the instructions as given are the law of the case, we do not reach the merits of Starr’s claim that the jury should have acquitted him based on his intoxication and resulting incapacity to form the requisite intent.  And there is substantial evidence Starr’s statement was a true threat and, therefore, did not have a legitimate purpose.  We affirm. 

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Badding, J. (13 pages)

            Joshua Adams appeals his convictions for murder in the first degree, claiming he proved his insanity defense.  OPINION HOLDS: We affirm.  Substantial evidence exists to support the district court’s conclusion that Adams was legally sane at the time he committed the murders.

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED ON BOTH APPEALS AND REMANDED WITH DIRECTIONS.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Special Concurrence by Buller, J.  Partial Dissent by Ahlers, J.  (17 pages)

            Thomas Colby appeals and Kimberly Cisna cross-appeals the spousal-support provisions of a dissolution-of-marriage decree.  OPINION HOLDS: We affirm the district court’s spousal support award in its entirety.  We determine Kimberly is entitled to an award of appellate attorney fees, and we remand to the district court to determine a reasonable award and enter judgment for the same. SPECIAL CONCURRENCE ASSERTS: Given the procedural posture of the case and the existing guidance in the case law, I join in the court’s opinion to affirm the judgment in whole.  I write separately in part to express my view that the current spousal-support-award case law is not working. PARTIAL DISSENT ASSERTS: I concur in affirming on Kimberly's cross-appeal.  However, I dissent with respect to the majority's decision to classify the spousal support award as rehabilitative because Kimberly requires no retraining or re-education to become self-sufficient.  Instead, I view the support award as transitional support that should not extend beyond one year in duration based on the facts of this case.  Also, I would not award Kimberly appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (15 pages)

            Jerrid Winfrey appeals the denial of his postconviction-relief application.  He raises twelve claims, alleging ineffective assistance of counsel, prosecutorial misconduct, and an illegal sentence.  OPINION HOLDS: We affirm.   

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

            Booker McKinney appeals his sentence and restitution obligations following his guilty plea.  OPINION HOLDS: The district court provided adequate reasoning for selecting the sentence imposed.  Because McKinney failed to request an ability-to-pay determination and file the required financial affidavit prior to sentencing, he waived his challenge to the court’s determination that he could pay category “B” restitution.  To the extent he wishes to challenge the court’s subsequent ruling that he had the ability to pay restitution following an Iowa Code section 910.7 (2022) hearing, we are without jurisdiction because McKinney has not filed anything following that ruling indicating he is seeking review of that determination.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Dwight McCall appeals from the summary dismissal of his seventh postconviction-relief (PCR) application challenging his 2007 convictions for first-degree criminal mischief and third-degree burglary.  He argues the district court’s dismissal of his action was premature.  OPINION HOLDS: The facts McCall alleges as the basis for relief—that he had alibi witnesses who were prevented from testifying at his underlying criminal trial—could have been discovered during the limitations period with the exercise of due diligence, so his claim does not fall within the ground-of-fact exception to the statute of limitations.  Therefore, McCall’s seventh application is time-barred, and summary dismissal was appropriate.

              Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  Dissent by Greer, J.  (23 pages)

              A defendant appeals her conviction for a making a false claim for a slot machine jackpot.  She argues the statute she was convicted under did not encompass her conduct.  She also contends her conviction is not supported by sufficient evidence as to two elements.  And she asserts the district court erred in allowing an expert witness to testify to the meaning of wager.  OPINION HOLDS: Because the State failed to provide substantial evidence of her guilt, we reverse and remand for the district court to enter a judgment of acquittal.  DISSENT ASSERTS: I must dissent from the majority opinion because I view the circumstantial evidence in this case as sufficient support for the conviction.

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A husband appeals a dissolution decree, challenging the court’s inclusion of a vehicle and his wife’s student loan debt in the marital estate.  OPINION HOLDS: Finding no failure to do equity, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.  Opinion by Ahlers, P.J.  (6 pages)

            Ashlie Rosales appeals her convictions for delivery of methamphetamine and possession of methamphetamine.  She claims she received ineffective assistance from trial counsel and her convictions are not supported by sufficient evidence.  OPINION HOLDS: We are statutorily prohibited from considering Rosales’s ineffective-assistance claims on direct appeal.  Rosales’s convictions are supported by sufficient evidence.

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Karla Wunderlin challenges the rulings denying her request for an order nunc pro tunc and dismissing her application for rule to show cause.  OPINION HOLDS: I. Because the marital property order reflected the intent of the court in entering the decree dissolving Karla’s marriage to Wesley Unke, the district court did not err in denying Karla’s request for a nunc pro tunc order correcting it.  II. The district court did not abuse its discretion in dismissing Karla’s application for rule to show cause because Karla did not show Wesley willfully failed to pay his child support obligation.  III. We decline to award either party appellate attorney fees.

              Appeal from the Iowa District Court for Dickinson County, John M. Sandy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

              Scott Hassel appeals the denial of his application for postconviction relief (PCR), claiming he received ineffective assistance from his trial counsel.  OPINION HOLDS: Because Hassel did not establish that his trial counsel failed to perform an essential duty, we affirm the dismissal of his PCR application. 

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Kelly Judge appeals from his conviction for domestic abuse assault causing bodily injury.  OPINION HOLDS: The district court did not abuse its discretion in declining to continue trial.

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            Ruth Schinstock-McConnell and Lawrence McConnell appeal the district court’s finding of a boundary by acquiescence.  OPINION HOLDS: We find the district court’s finding is supported by substantial evidence, so we affirm.

            Appeal from the Iowa District Court for Page County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Matthew Olson appeals (1) the denial of his motion for judgment of acquittal and guilty jury verdict for interference with official acts, and (2) the district court’s prison sentences as illegal.  OPINION HOLDS: Substantial evidence supports the jury verdict and trial court properly denied the motion for judgment of acquittal.  The sentences were neither illegal nor grossly disproportionate. 

              Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

              Thomas Deitrick argues there was not sufficient evidence to support his first-degree burglary and first-degree robbery convictions.  OPINION HOLDS:  Because we find sufficient evidence supports both convictions, we affirm.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING WITH DIRECTIONS.  Considered by Tabor, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Matthew Williams appeals his sentences following his guilty plea.  He claims (1) the State breached the plea agreement by not advocating for the agreed-upon sentence, (2) the district court failed to provide reasons for sentencing him to consecutive sentences, (3) and the court erred by not letting him withdraw his guilty plea once it decided it would not be bound by the plea agreement.  OPINION HOLDS: The State failed to provide any support for its sentencing recommendation and breached the plea agreement.  We remand for resentencing and do not address Williams’s claim that the court failed to provide reasons for imposing consecutive sentences.  On remand, if the court refuses to be bound by the plea agreement, it must permit Williams to withdraw his guilty plea.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            Denise Allgood pled guilty to one count of first-degree theft and one count of first-degree fraudulent practices, both class “C” felonies.  The district court sentenced Allgood to serve up to ten years on each count and required her to serve the sentences consecutively, for a total term of imprisonment not to exceed twenty years.  Allgood appeals the sentences.  OPINION HOLDS: Finding no abuse of discretion, we affirm Allgood’s sentences.  However, we remand to the district court for the limited purpose of allowing it to issue a nunc pro tunc order to correct the clerical error in the written judgment entry.

            Appeal from the Iowa District Court for Buchanan County, Richard D. Stochl, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Michael Bagby appeals the district court ruling dismissing his claims for breach of contract and unjust enrichment.  Bagby’s debtors—First Street Deli II, LLC (the LLC) and Kim Harker and Alexis Brown, individually and as members of the LLC—argued that their contract with Bagby was unconscionable and its late-fee provision was a penalty against public policy.  Bagby argues the district court erred in finding that the contract was unconscionable and the late-fee provision was an unenforceable penalty.  OPINION HOLDS: Finding errors of law in both the unconscionability and penalty analyses, we reverse and remand to the district court for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Mitchell County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (4 pages)

            Steven Wildman appeals his sentence following a guilty plea.  OPINION HOLDS: Finding no abuse of the sentencing court’s discretion, we affirm. 

            Appeal from the Iowa District Court for Appanoose County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller,  JJ.  Opinion by Chicchelly, J.  (8 pages)

            Teresa Liford appeals the district court’s ruling that she is not entitled to Second Injury Fund benefits.  OPINION HOLDS: Substantial evidence necessary supports the finding that Liford did not have a separate and distinct second injury.  Because Liford is not entitled to benefits from the Second Injury Fund, we affirm the district court’s ruling.

            Appeal from the Iowa District Court for Scott County, Meghan K. Corbin, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Scott Decker contends the sentencing court abused its discretion by imposing prison rather than probation supervision.  OPINION HOLDS: Because the sentencing court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Mullins, S.J.  Opinion by Mullins, S.J. (5 pages)

            A defendant appeals his convictions, alleging error in the district court’s denial of his request for substitute counsel.  OPINION HOLDS: Finding the defendant is not entitled to any relief on appeal, we affirm. 

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Colin Hall appeals the district court order on custody, visitation, and support for his child with his former girlfriend, Jena Weissenburger.  He claims the court should have ordered joint physical care of their child, R.J.W.  He also challenges several provisions of the court’s order on visitation.  Finally, he appeals the court’s order providing Jena the ability to claim R.J.W. as a dependent for tax purposes for four consecutive years.  OPINION HOLDS: We find awarding Jena physical care of R.J.W. is in the child’s best interests.  The court’s order on the visitation schedule, except for summer visitation, is equitable.  The court should not have deviated from the parties’ stipulation on summer visitation.  And permitting Jena the ability to claim the child as a dependent for four consecutive years is inequitable.  We deny Jena’s request for appellate attorney fees.  We affirm as modified. 

              Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  REVERSED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (10 pages)

              A father appeals the termination of parental rights under Iowa Code chapter 600A (2022).  OPINION HOLDS: Because she has not met her burden on the statutory grounds for termination, we reverse the district court’s termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion per curiam.  (6 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Because we are unable to review the father’s challenge to whether the State made reasonable efforts and the State proved the grounds for termination, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (4 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination and requests additional time to work toward reunification.  OPINION HOLDS: The State established a statutory ground authorizing termination, and we decline to grant the father additional time to work toward reunification.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the permanency order and grant of concurrent district court jurisdiction in child-in-need-of-assistance proceedings.  OPINION HOLDS: The juvenile court’s custody determination and grant of concurrent jurisdiction in the permanency order are in the child’s best interests, and we affirm.

            Appeal from the Iowa District Court for Benton County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  We affirm, finding the State proved the statutory elements of termination, reasonable efforts at reunification were provided to the mother, the juvenile court did not err in declining to grant a six-month extension, and the juvenile court did not err in declining to apply a permissive exception.

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother and child separately appeal from a permanency order directing the child be placed in a guardianship.  Both seek the child’s return to the mother’s custody, and the mother also requests additional time to work toward reunification.  OPINION HOLDS: The child could not be safely returned to the mother, and we do not grant additional time to work toward reunification.

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Ahlers and Buller, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother appeals the termination of her parental rights to her three-year-old son, pointing out that she has custody of her younger daughter.  OPINION HOLDS: Because the current proceeding concerns only K.B., and there is little in the record regarding the younger child, we decide based on the record in K.B.’s case.  That record shows the State proved the grounds for termination, it is in K.B.’s best interests to terminate the mother’s rights, no permissive exception applies, and termination is more appropriate than guardianship with the maternal grandmother.  So we affirm the termination. 

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate 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 to her two young children.  She claims the juvenile court should have granted a six-month extension for reunification efforts.  She also claims that termination is not in the children’s best interests.  And she contends the juvenile court should not have terminated her parental rights due to her close bond with the children.  OPINION HOLDS: A six-month extension is not supported in the record. Termination is in the children’s best interests.  Finally, we decline to apply a permissive exception.

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

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The State made reasonable efforts to reunify the family.  Even if the mother received the services she now complains about, the result would be the same because those services would not have addressed the reasons that led to termination.  Because additional time would not change the outcome, we affirm termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Finding no basis for an extension and determining a guardianship is not in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Potterfield, S.J.  Opinion by Tabor, P.J.  (5 pages)

            The mother appeals the termination of her parental rights to her one-year-old son.  She contends the influence of the child’s controlling and abusive father prevented her from making progress in the case.  She requests more time and argues it is not in the child’s best interests to terminate her parental rights.  OPINION HOLDS: Because the mother had not addressed the other safety concerns in the case—her drug use and her mental-health needs—we find an extension of time was unwarranted.  And we find termination of her parental rights was in the child’s best interests.  We affirm.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Doyle, S.J.* Opinion by Buller, J.  (7 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: We affirm, finding that the statutory elements to termination were satisfied and that the mother was not entitled to a six-month extension to work toward reunification.

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to two children, L.A. and A.A.  She contends that the children’s best interests are not served by termination and instead weigh in favor of a guardianship.  She also requests an exception based on the parent-child bond, and in the alternative, a six-month extension to work towards reunification.  OPINION HOLDS: Following our de novo review, we affirm the order terminating the mother’s parental rights to both children.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  She argues termination is not in the children’s best interests and requests additional time to work toward reunification.  OPINION HOLDS: Termination is in the children’s best interests, and we do not grant the mother any additional time to work toward reunification.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Mullins, S.J.   Opinion by Mullins, S.J.  (3 pages)

            A mother appeals the termination of her parental rights to two children, arguing the Iowa Department of Health and Human Services failed to make reasonable efforts at reunification and the permissive exception to termination in Iowa Code section 232.116(3)(c) (2023) should have been applied.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.