September 2023 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Tabor, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (17 pages)

            Mark Mash appeals after a jury found him guilty of first-degree murder and possession of a firearm by a person convicted of domestic violence.  He challenges the jury instructions, the denial of his motion for mistrial, and the admissibility of text message evidence.  He also contends that his first-degree-murder conviction is unsupported by substantial evidence and contrary to the weight of the evidence.  Finally, Mash contends trial counsel’s deficient representation rises to the level of structural error.  In the alternative, he asks us to adopt a plain-error standard to reach the errors his counsel failed to preserve.  OPINION HOLDS: We find no error in the jury instructions.  Mash has not met his burden of showing the district court abused its discretion in denying a mistrial. The text messaging evidence was relevant to whether Mash was justified or acted with malice aforethought and did not unfairly prejudice him.  Viewing the evidence in the light most favorable to the State, we agree that the evidence is enough to convince a rational factfinder of Mash’s guilt beyond a reasonable doubt.  This is not one of the exceptional cases in which the evidence preponderates heavily against the verdict.  Mash fails to show the district court abused its discretion in denying his motion for new trial.  We are prohibited by statute from considering the ineffective-assistance-of-counsel claims on direct appeal.  We cannot overrule precedent that rejects plain-error review.

            Appeal from the Iowa District Court for Tama County, Fae E. Hoover, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (10 pages)

            Barry Evans appeals the admission of body camera footage as hearsay not subject to the present sense impression exception.  OPINION HOLDS: Although the statements were hearsay and do not qualify for admission as present sense impressions, they do fit within the excited utterance exception to the rule against hearsay, and, in any event, were cumulative.  Therefore, the district court did not err in admitting them.  We affirm.

            Appeal from the Iowa District Court for Buchanan County, John J. Bauercamper, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (19 pages)

            A jury convicted Kari Schwartz of sexual exploitation by a school employee, by pattern, practice, or scheme.  Schwartz appeals the judgment and sentence, arguing (1) there is insufficient evidence she engaged in a pattern, practice, or scheme to engage in sexual conduct with a student; (2) the district court erred in instructing the jury that hugging constituted sexual conduct; (3) the district court wrongly excluded evidence of the school’s contemporaneous investigation that resulted in an “unfounded” finding; and (4) the district court violated her Sixth and Fourteenth Amendment rights when it applied Iowa Code section 907.3 (2022), which prevented the court from deferring judgment or imposing a suspended sentence, without specific jury findings that she was a mandatory reporter and the student was under eighteen years old at the time of the sexual exploitation.  OPINION HOLDS: Substantial evidence supports the jury’s finding Schwartz engaged in a pattern, practice, or scheme to engage in sexual conduct with A.S.  Although the jury was wrongly instructed that hugging is sexual conduct per se, when taken as a whole, the jury instructions required the jury to make the appropriate findings to determine Schwartz’s guilt.  We do not reach the merits of Schwartz’s claim the district court wrongly excluded evidence of the finding of a 2009 investigation.  And Schwartz’s constitutional rights were not violated when the district court concluded it was prevented from deferring judgment or suspending Schwartz’s sentence.  We affirm.

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Badding, J.  (10 pages)

            Alejandro Flores appeals his conviction of one crime, challenging the sufficiency of the evidence, and the imposition of consecutive sentences on two counts of going armed with intent and two counts of willful injury causing serious injury.  OPINION HOLDS: We find sufficient evidence to support the challenged conviction and detect no abuse of discretion in the court’s imposition of consecutive sentences.

            Appeal from the Iowa District Court for Webster County, James A. McGlynn and Angela L. Doyle, Judges.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J. (14 pages)

            Michael Shivers appeals his convictions for second-degree murder, challenging the sufficiency of the evidence supporting his convictions and contending the district court abused its discretion in denying his motion for a new trial based on newly-discovered evidence.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Des Moines County, Mark Kruse, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (9 pages)

            Brian Boyd appeals following his convictions for possession of a controlled substance with the intent to deliver and a drug tax stamp violation.  He requests we overturn supreme court precedent to apply a different standard under the Iowa Constitution than the one used under the federal Constitution to assess claims that a probable cause affidavit included incorrect information.  He challenges the district court’s denial of his request for a hearing in accordance with Franks v. Delaware, 438 U.S. 154, 155–156 (1978).  And he argues the underlying search warrant was not supported by probable cause.  OPINION HOLDS: We cannot overturn supreme court precedent.  Boyd failed to make the preliminary showing necessary to warrant a Franks hearing.  The warrant was supported by probable cause.

            Appeal from the Iowa District Court for Floyd County, James M. Drew, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (21 pages)

            Shane Michael Morris appeals his convictions for involuntary manslaughter and child endangerment resulting in death, alleging the district court: (1) erred by denying suppression of evidence, (2) abused its discretion in its discretionary ruling, (3) should have excluded the testimony of a State witness, (4) should not have excluded the testimony of a defense witness, and (5) abused its discretion in denying his motion for a judgment of acquittal and new trial.  OPINION HOLDS: Because the district court neither abused its discretion nor erred, substantial evidence supports the guilty verdicts, and the court used the proper standard in its ruling, we affirm Morris’s convictions for involuntary manslaughter and child endangerment resulting in death.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  APPEAL DISMISSED.  Heard by Tabor, P.J., Buller, J., and Potterfield, S.J.* Opinion by Buller, J.  (7 pages)

            A former trooper with the Iowa State Patrol appeals from a district court order dismissing his petition for writ of mandamus.  The petition sought, among other things, to compel the Iowa Department of Public Safety and the Peace Officers’ Retirement, Accident, and Disability System to provide him temporary incapacitation benefits under Iowa Code section 80.6(4) (2021).  OPINION HOLDS:  We dismiss the appeal as moot in light of subsequent developments, including the approval of the former trooper’s accidental-disability retirement and the recredit and payment of sick leave.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            Ryan Devore appeals his conviction for third-degree sexual abuse, claiming his conviction is not supported by sufficient evidence and the district court should have granted him a new trial based on implied juror bias.  OPINION HOLDS: Devore’s conviction is supported by sufficient evidence, and the district court correctly denied his motion for new trial.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Heard by Tabor, P.J., Buller, J., and Potterfield, S.J.  Opinion by Tabor, P.J.  (10 pages)

            Keyon Roby appeals his conviction for first-degree murder, arguing the State didn’t prove he acted with malice aforethought, premeditation, and specific intent to kill.  And because premeditated murder was one of the State’s two theories, and the jury delivered a general verdict, he argues his conviction must be reversed.  According to Roby, Iowa Code section 814.28 (2019), which directs us to affirm on any supported theory, is unconstitutional.  OPINION HOLDS: We find substantial evidence to support the murder conviction on the premeditation theory.  Because both theories are supported, we need not address the constitutional claim.  We affirm.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Ahlers, P.J.  (8 pages)

            Steven Fuhlman appeals his sentence following a guilty plea.  He argues (1) he received ineffective assistance of counsel, (2) the district court abused its discretion by considering an improper factor in sentencing him, and (3) the district court abused its discretion by failing to adequately explain the reasons for his sentence.  OPINION HOLDS: We do not have jurisdiction to hear Fuhlman’s ineffective-assistance-of-counsel claim, and Fuhlman has failed to meet his burden of showing that the district court considered an improper factor.  But because the district court failed to provide a sufficient statement of reasons supporting Fuhlman’s sentence, we vacate the sentence and remand for resentencing.

            Appeal from the Iowa District Court for Webster County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (12 pages)

            The State charged Paul Peterson with seven counts of third-degree sexual abuse and five counts of incest after he admitted to having sexual contact with his daughter.  After a bench trial, the district court found Peterson guilty on all but two counts.  Peterson appeals his conviction for assault with intent to commit sexual abuse and his overall sentence.  OPINION HOLDS: Because the district court properly entered judgment on the lesser- included offense and did not abuse its discretion in sentencing, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (15 pages)

            Tayvon Davis challenges the sufficiency of the evidence supporting his convictions for murder in the first degree, child endangerment resulting in death, and multiple acts of child endangerment.  OPINION HOLDS: Each of Davis’s convictions is supported by sufficient evidence.

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

            Johnathon Wingfield argues the district court abused its discretion in sentencing him to a prison term following an Alford plea.  OPINION HOLDS: This district court did not abuse its discretion. 

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland (Motions) and DeDra Schroeder (Final Order), Judges. AFFIRMED AND REMANDED WITH DIRECTIONS TO DETERMINE ATTORNEY FEES.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Buller, J.  (9 pages)

            Christian Donovan appeals the district court’s dismissal of his petition to establish paternity, custody, physical care, and visitation relating to the minor child of Serena Thompson.  Both Donovan and Thompson request appellate attorney fees.  OPINION HOLDS: Because we find Donovan lacks standing, we affirm.  We remand for the district court to determine and order Donovan to pay Thompson’s reasonable appellate attorney fees, not to exceed $5000.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A former employee appeals from the dismissal of his petition for judicial review after he failed to serve a required party.  OPINION HOLDS:  We affirm, finding that the failure to serve the employer when petitioning for judicial review deprived the district court of jurisdiction. 

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

                Sherwood Holdings, L.L.C. and Robert Sherwood appeal a grant of summary judgment for IA Pizza, Inc.  OPINION HOLDS: Because the district court applied the correct standard for summary judgment, we affirm its grant and the dismissal of the counterclaims.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J. (7 pages)

            Robert Daniel Buel appeals his conviction for going armed with intent, asserting there is insufficient evidence of his intent to shoot and lack of justification to support the conviction.  OPINION HOLDS: There is substantial evidence to support the conviction, and we affirm.

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Ahlers, P.J. (10 pages)

            Juan Mendoza Jr. appeals following his conviction for assault causing bodily injury.  He argues the district court should have granted his motion to dismiss because the trial information did not include a verified electronic signature from the prosecuting attorney.  OPINION HOLDS: Mendoza’s motion to dismiss was untimely under the Iowa Rules of Electronic Procedure.  Even if his motion had been timely, the signature was not required to be verified.  And even if Mendoza had filed a timely motion to dismiss and the signature was defective, he suffered no prejudice to warrant dismissal.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (11 pages)

            Kwot Gilo appeals the dissolution degree awarding physical care of a minor son to Ariat Louch.  OPINION HOLDS: In spite of her lower level of English skills, Ariat’s history as the child’s caretaker as well as his best interests and Kwot’s history of domestic abuse support her retaining physical care of the child, and we affirm.

            Appeal from the Iowa District Court for Wayne County, Dustria Relph, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (8 pages)

            A defendant appeals her sentence for possession with intent to deliver methamphetamine, less than five grams.  OPINION HOLDS: We conclude that the district court did not abuse its discretion in fashioning the sentence and affirm.

            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 Buller, J.  (8 pages)

            An injured former employee appeals from the district court’s review of her workers’ compensation claim.  OPINION HOLDS: We affirm, finding the employee was not entitled to temporary total disability benefits past the effective date of her resignation or penalty benefits.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Kemp Patrick Reynolds appeals his two convictions for driving while barred as a habitual offender.  OPINION HOLDS: Because substantial evidence supports his convictions, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J. (4 pages)

            Austin Mahana appeals his sentence after pleading guilty to one count of criminal mischief in the first degree and contends the district court abused its discretion by sentencing him to a residential correctional facility.  OPINION HOLDS: Because the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Webster County, John R. Flynn, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Badding, J.  (5 pages)

            A defendant appeals the denial of his motion in arrest of judgment.  OPINION HOLDS: Properly treating the notice of appeal as an application for discretionary review, we find the application untimely and dismiss the appeal for lack of jurisdiction.

            Appeal from the Iowa District Court for Hardin County, Bethany Currie, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

            Joseph Cruz Cordero appeals his sentence for sexual abuse in the third degree.  He argues the court abused its discretion in determining his sentence.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  RULING VACATED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (7 pages)

            Jesse Cickavage appeals the district court order confirming the award of appellate attorney fees to Sara Jarvis.  OPINION HOLDS: Because the district court did not have jurisdiction to issue the order, we vacate its ruling.  Our previous decisions still stand.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J. Opinion by Buller, J.  (10 pages)

            Dawn Marie Shafer appeals from a ruling placing physical care of a child with the father, Kevin William Higdon; ordering visitation provisions; and assessing child support.  Higdon cross-appeals challenging the ruling on joint legal custody.  OPINION HOLDS:  We affirm on appeal and cross-appeal, finding that the district court’s physical care, legal custody, and child-support assessment provisions were justified.

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

Timothy Wedemeyer appeals the order modifying his divorce decree, which grants physical care and a modified child support award to Alicia Wedemeyer.  OPINION HOLDS: Because we hold that joint physical care is not in the best interests of the children, we affirm the modification of the dissolution decree and the increase in child support.

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The mother waived her challenge to the statutory grounds for termination, termination is in the best interests of the child, placing the child in the custody of his other parent does not preclude termination, and the mother waived her reasonable-efforts challenge.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother appeals from the termination of her parental rights to her child.  She contends the State failed to prove the grounds for termination cited by the juvenile court, termination was not in the child’s best interests, and the department failed to provide reasonable efforts.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (8 pages)

            The mother and father separately appeal the termination of their respective parental rights to O.L. (born in 2021) and A.L. (born in 2020).  The mother argues the court should have given her an additional six months to work toward reunification and that termination of her rights is not in the children’s best interests.  The father challenges whether (1) the State proved the statutory ground for termination, (2  the loss of his rights is in the children’s best interests, and (3) a permissive factor should have been applied to save the parent-child relationships.  OPINION HOLDS: As for the mother’s appeal, we conclude delaying permanency is not warranted and termination of the mother’s rights is in the children’s best interests.  Regarding the father, the State proved the statutory ground for termination and, because termination is in the children’s best interests, a guardianship with the paternal great-grandmother is not appropriate.  We affirm the termination of each parent’s rights.  

            Appeal from the Iowa District Court for Mahaska County, Patrick McAvan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (10 pages)

            The mother appeals the termination of her parental rights, contending the State failed to make reasonable efforts at reunification and it is not in the child’s best interests.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother and father separately appeal the termination of their respective parental rights.  The mother argues the juvenile court should have applied the higher burden of proof under the Indian Child Welfare Act (ICWA) and challenges two of the three statutory grounds authorizing termination of her rights.  The father challenges the statutory grounds authorizing termination, including reasonable efforts; whether termination is in the child’s best interests; and points to the parent-child bond as a basis to not terminate.  OPINION HOLDS: As to the mother’s claims, ICWA does not apply to this case because the child does not meet the definition of an “Indian child,” and we affirm under the unchallenged statutory ground authorizing termination.  As to the father’s claims, the child could not be safely returned to the father’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  The father waived any reasonable-efforts challenge.  Termination of the father’s rights is in the child’s best interests, and the father did not establish a bond with the child strong enough to preclude termination.  

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds, claims the State failed to make reasonable efforts toward reunification, and contends termination is not in the child’s best interests.  OPINION HOLDS: The State established a statutory ground for termination because the child could not be safely returned to the mother’s custody at the time of the termination hearing.  The mother waived her reasonable-efforts claim, and termination is in the child’s best interests.

            Appeal from the Iowa District Court for Union County, Monty W. Franklin, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (14 pages)

            The mother appeals the termination of parental rights to her three children; the father appeals the termination of parental rights to his child.  OPINION HOLDS: Finding any argument on the statutory grounds for termination was waived, it is not in the best interests of the children to return them to the parents’ custody, and the requirements for a six-month extension, guardianship, or the permissive exception are not met, we affirm the juvenile court’s termination of the mother’s rights as to all three children and the father’s rights as to his child.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Tabor, P.J.  (7 pages)

            The father of six-year-old L.H. appeals the termination of his parental rights, contending the State did not prove any “real safety issues” that prevented him from assuming custody of his daughter.  He also argues that termination is not in L.H.’s best interests.  OPINION HOLDS: Finding that the State offered clear and convincing evidence that L.H. could not be safely returned to her father’s care and that L.H.’s placement with her foster mother is the best for her emotional and physical needs, we affirm the juvenile court’s order terminating the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (8 pages)

            A mother appeals the termination of her parental rights to her child, arguing the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the child, the statutory grounds for termination were not proved, the loss of her rights is not in the child’s best interests, and the court should have declined to terminate her parental rights because of the closeness of the bond she shares with D.W.  Alternatively, the mother asks for a six-month extension to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Scott County, Christine Dalton and Cheryl Traum, District Associate Judges. AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Buller, J., takes no part. Opinion by Bower, C.J.  Dissent by Tabor, J.  (11 pages)

            Paul Lee Cruz appeals his conviction for domestic abuse assault causing injury or mental illness, first offense, in violation of Iowa Code section 708.2A(2)(b) (2021).  Cruz asserts the district court erred in finding good cause to delay the trial past the speedy trial limit.  He also claims there is insufficient evidence to sustain the conviction.  OPINION HOLDS: Finding no abuse of discretion and that substantial evidence supports the conviction, we affirm.  DISSENT ASSERTS: I respectfully dissent from the majority as the State did not show good cause for the delay of Cruz’s bench trial. I disagree that the State can use a waiver as an excuse for not bringing Cruz to trial before a speedy deadline because the prosecutor consented to the jury waiver under Iowa Rule of Criminal Procedure 2.17(1).

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie and Jeanie Vaudt, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (23 pages)

            Caine Dominguez-Schiesl appeals his convictions and sentence for two counts of attempted murder, intimidation with a dangerous weapon, and willful injury.  On appeal, he claims the district court abused its discretion in admitting video evidence and denying his motion for mistrial.  He also asserts the State provided insufficient evidence to support his four convictions.  And he argues his sentence violates constitutional prohibitions against cruel and unusual punishment.  OPINION HOLDS:  Because we find the district court acted reasonably and there is substantial evidence in the record to support Dominguez’s guilt, we affirm his conviction.  And after considering the mitigating and aggravating features of his case, we find his sentence constitutional and affirm.

            Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge.  AFFIRMED. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (17 pages)

            Mustafa Muhammad appeals his conviction for first degree murder, contending there is insufficient evidence of deliberation, premeditation, and lack of justification.  OPINION HOLDS:  Because there is substantial evidence from which the jury could reasonably find Muhammad acted deliberately, with premeditation, and without justification, 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.  (7 pages)

            After a jury convicted Stephen Phillips of robbery in the first degree, a judge sentenced him to serve no more than twenty-five but at least seventeen and one-half years in prison.  Phillips appeals his sentence arguing (1) the State did not present sufficient evidence of his guilt and (2) the court abused its discretion by imposing the harshest mandatory minimum sentence allowed.  OPINION HOLDS: Finding substantial evidence of his guilt and no abuse of discretion in sentencing, we affirm.

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Buller, J., takes no part.  Opinion by Vogel, S.J.  (12 pages)

            Dewayne Veverka appeals his conviction of third-degree sexual abuse, second offense.  He challenges the district court’s admission of a forensic interview and the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: The forensic video was admissible under the residual exception to hearsay, and the video and testimony are sufficient evidence to support Veverka’s conviction.

            Appeal from the Iowa District Court for Jefferson County, Shawn Showers, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (14 pages)

                Parties appeal and cross-appeal the economic provisions of the decree dissolving their marriage.  OPINION HOLDS: We modify the decree to remove the district court’s separate valuation of land upon which the marital home sits and order the husband to pay the wife the resulting equalization payment through a qualified domestic relations order from his retirement funds. 

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

            Kelvin Willform appeals his conviction for operating while intoxicated, first offense.  OPINION HOLDS: Willform’s claim of ineffective assistance of counsel cannot be addressed in a direct appeal, and we determine no abuse of discretion by the district court in the denial of his request for new counsel.  Accordingly, we affirm.

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

            Jerome Power appeals the denial of his application for postconviction relief (PCR) following his conviction for first-degree murder.  Power contends his trial counsel was ineffective in failing to “investigate and present a defense based on the medical condition of his right hand,” and PCR counsel was ineffective in failing to advance his claim against trial counsel.  OPINION HOLDS: Upon our review, we affirm.   

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt and David Nelmark, Judges.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Bower, C.J.  (9 pages)

            Robin Inman appeals the district court’s denial of her application for funds for an expert witness and the denial of her application for postconviction relief.  OPINION HOLDS: We affirm both of the district court’s orders.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (2 pages)

            Benjamin Kutzner appeals the sentence imposed in his criminal case.  He argues the district court abused its discretion by sentencing him to prison rather than suspending the sentence.  OPINION HOLDS: The district court properly exercised its discretion in sentencing Kutzner to prison.

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

            Harold Lathrop appeals the dismissal of his application for postconviction relief, asserting that the Iowa Department of Corrections should have given him credit for time served for each separate charge in determining his tentative discharge date.  OPINION HOLDS: Finding no error in the PCR court’s findings of fact or application of the law, we affirm.

            Certiorari to the Iowa District Court for Polk County, Coleman McAllister, Judge.  WRIT SUSTAINED AND REMANDED WITH DIRECTIONS TO CONDUCT A RESENTENCING HEARING.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (5 pages)

            Dakota Bishop petitions for writ of certiorari following his resentencing.  OPINION HOLDS: Finding that Bishop was entitled to an in-person hearing, we sustain the writ and remand with directions to conduct a resentencing hearing.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (8 pages).

            Respondent appeals his civil commitment finding that he is a sexually violent predator.  OPINION HOLDS: We conclude there was sufficient evidence for a rational trier of fact to find respondent is a sexually violent predator under Iowa Code chapter 229A (2022).

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (11 pages)

            Emilio Puente appeals the district court’s grant of a pre-answer motion to dismiss his petition for judicial review challenging a decision of the Civil Service Commission of Iowa City.   He argues the district court erred in granting dismissal on the basis that he failed to file and serve a notice of appeal as required by Iowa Code section 400.27 (2022).  OPINION HOLDS: Because a petition for judicial review under Iowa Code chapter 17A is not the same as a notice of appeal under section 400.27, nor can it be construed as such, we affirm the district court’s ruling granting the commission’s motion to dismiss for lack of jurisdiction.

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

            A defendant appeals the portion of his sentence relating to his reasonable ability to pay category “B” restitution, arguing that the district court’s determination that he had the ability to pay this restitution lacked evidentiary support or that the district court misapplied the law.  OPINION HOLDS: We conclude that the defendant failed to rebut the statutory presumption that he had the reasonable ability to make restitution payments for category “B” restitution.  Accordingly, we affirm.

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

            The appellant appeals the district court’s dismissal of his application for judicial review and affirmation of the Iowa Board of Parole’s denial of his parole.  OPINION HOLDS: Because the parole board’s decision to deny Yancey parole was not unreasonable, arbitrary, capricious, or an abuse of its discretion and Yancey’s separation-of-powers claim was not properly preserved for our review, we affirm the decision of the district court.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  REVERSED.  Considered by Badding, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  Dissent by Buller, J.  (14 pages)

            The mother appeals the termination of her parental rights to two of her children, K.B.-S. (born in 2016) and J.B. (born in 2019).  She argues the State failed to prove the statutory grounds for termination and the loss of her rights is not in the children’s best interests due to the parent-child bonds.  In the alternative, she requests more time to work toward reunification.  OPINION HOLDS: At the conclusion of the termination trial, the mother had not tested positive for cocaine or methamphetamine in more than six months and her mental health was stable for more than a year.  We reverse the termination of the mother’s parental rights and grant her six more months to work toward reunification.  DISSENT ASSERTS: In granting the mother additional time, I believe the majority opinion decides an issue that was not presented, litigated, or preserved. 

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

            Parents separately appeal the termination of their parental rights to three children under Iowa Code section 232.116(1)(e), (f), (h), and (l) (2023).  They each claim (1) the juvenile court abused its discretion by not continuing the termination hearing, (2) the evidence did not support the grounds for termination, (3) termination is not in the children’s best interests, and (4) permissive exceptions to termination should have been applied.  The father also submits the juvenile court should have established a guardianship in the paternal grandmother.  OPINION HOLDS: We affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (9 pages)

            The mother and father of four boys separately appeal the termination of their parental rights under Iowa Code section 232.116(1) (2023), paragraphs (e) and (f).  The mother claims the State did not make reasonable efforts to reunify her with the children, and the father claims he maintained significant contact to the extent he was able.  Both parents assert that it was not in the children’s best interest to terminate their parental rights and ask the court to consider their bond with the children as an exception under Iowa Code section 232.116(3)(c).  OPINION HOLDS: Because we find the State’s grounds for termination were met and no exception is warranted, we affirm the termination of both the parents’ rights.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father and mother separately appeal the order terminating their parental rights.  OPINION HOLDS: The father did not preserve his reasonable-efforts claim.  But even if we were to consider his claim, he has not shown the State failed to engage in reasonable efforts to reunite him with the children.  There is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination of her parental rights is in the children’s best interests, and an exception to termination should not be applied.  We affirm the decision of the district court on both appeals.

            Appeal from the Iowa District Court for Cedar County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the dispositional order transferring custody of her child to the Iowa Department of Health and Human Services.  OPINION HOLDS: The mother has neglected and failed to supervise the child such that transfer of custody is authorized and in the child’s best interests.