2024 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Schumacher, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (13 pages)

            Barrett Bell appeals from the decree dissolving his marriage to Elena Bell, alleging district court misconduct and arguing the district court failed to make an equitable property distribution.  Elena Bell cross-appeals, also challenging the property division.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: We hold that Barrett Bell did not preserve error on the question of judicial misconduct and that the district court’s distribution of property was equitable.  But we modify the decree to clarify that Barrett’s ordered payment to Elena is the full extent of his responsibility for her debts and any remaining balance on the Discover credit card remains assigned to Elena.  And we deny both parties’ requests for appellate attorney fees.

            Appeal from the Iowa District Court for Cass County, Justin Wyatt, Judge.  AFFIRMED.  Considered by Tabor, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Michelle Evans appeals her convictions and sentences after pleading guilty to four counts of animal neglect with injury.  Evans contends her pleas were not knowing and voluntary because the district court did not inform her of the maximum possible punishment she faced.  She also contends the court abused its sentencing discretion by imposing sentences of incarceration.  OPINION HOLDS: Because Evans makes no claim that she would not have pleaded guilty if she had been informed that the court could impose consecutive sentences and the district court did not abuse its sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  WRIT SUSTAINED, DISTRICT COURT ORDER VACATED, REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            The State Public Defender filed a petition for writ of certiorari concerning the district court’s assignment of a portion of the cost of a competency evaluation.  OPINION HOLDS: The district court lacked authority to assign a portion of the cost of the competency evaluation ordered by the court sua sponte to the State Public Defender.  We reverse and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (24 pages)

            A criminal appeals his conviction for murder in the second degree, arguing he should have been found not guilty by reason of insanity, and alternatively, insufficient evidence supports the jury finding his stabbing of his girlfriend was the cause of her death rather than a methamphetamine overdose.  OPINION HOLDS: We affirm the district court’s determination the defendant did not prove the elements of the insanity defense by a preponderance of the evidence and conclude substantial evidence supports the court’s finding of cause of death.  We affirm.

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford and Shawn R. Showers, Judges.  AFFIRMED.  Considered by Tabor, C.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (12 pages)

            Shatani Buck, Jr. was convicted of possession of marijuana after he produced a bag of marijuana while being transported to jail on an unrelated charge.  On appeal, Buck challenges whether evidence should have been suppressed because he was interrogated without a Miranda warning, whether the State proved he possessed marijuana, and whether the jury was correctly instructed on controlled marijuana versus hemp.  OPINION HOLDS: Because Buck was not interrogated, the district court properly denied his motion to suppress.  There was sufficient evidence for the jury to find the substance Buck had on his person was marijuana, a controlled substance.  Finally, the jury instruction properly stated the applicable law and the court was not required to include Buck’s proposed wording.  Accordingly, we affirm.   

            Appeal from the Iowa District Court for Clarke County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (8 pages)

            Co-executors of an estate appeal a district court order interpreting a provision in a will providing a beneficiary the opportunity to purchase real property from the estate.  OPINION HOLDS: The clear and unambiguous language of the will does not support the purchase price of the property sought by the co-executors, so we do not disturb the purchase price set by the district court.  However, the district court prematurely terminated the beneficiary’s rental obligation on the property prior to its purchase.  We vacate the portion of the district court’s order providing specific financing options for the beneficiary.  And we vacate the portion of the district court’s order holding the estate responsible for a portion of damages to the property.

            Certiorari from the Iowa District Court for Story County, Steven Van Marel, Judge.  WRIT ANNULLED.  Considered by Schumacher, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            The defendant to an extension of no contact order petitions for writ of certiorari, arguing the district court committed numerous errors in granting the extension.  OPINION HOLDS: Because the defendant has not preserved error on any of the issues raised in his petition, we annul the writ of certiorari.

            Appeal from the Iowa District Court for Lee (North) County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            Julie Walljasper appeals from a judgment finding her residential building abandoned and awarding title to the city under Iowa Code section 657A.10B (2021).  She challenges the abandonment finding, mainly arguing that she made enough improvements to avoid losing the property.  And she challenges an evidentiary ruling about the scope of her cross-examination of the city’s main witness.  OPINION HOLDS: On our de novo review, affording due weight to the district court’s factual findings, we agree that the evidence shows the house sits vacant, continues to deteriorate, and is unfit for human occupancy.  Walljasper indeed made some improvements.  But she only took meaningful steps after this petition was filed.  And those eleventh-hour fixes were not enough to abate the house’s dilapidated condition.  We thus find the house has been abandoned and the court properly awarded title to the city.  As for the evidentiary ruling, the district court reasonably limited the scope of Walljasper’s cross-examination, and she did not try to raise the issue herself during her direct testimony.  So we find no abuse of discretion.

            Appeal from the Iowa District Court for Sac County, Adria Kester, Judge.  AFFIRMED. Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Tabor, C.J. (7 pages)

            Eugene Frederick Wunschel, Jr appeals his sentence following an Alford plea, arguing the State breached the plea agreement in a related case so the judge who sentenced that case should have recused herself from his sentencing.  OPINION HOLDS: The sentencing in the related case is not part of this record, but even if we assume the State breached the plea agreement, Fred cannot show an abuse of discretion in his sentencing.  He has not shown the district court harbored any bias stemming from an extrajudicial source.  We find no abuse of discretion and affirm. 

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (10 pages)

            Russell Larson was convicted of two counts of sexual abuse in the second degree in 2021.  On appeal from the denial of his first postconviction-relief application, Larson argues he received ineffective assistance from trial counsel in several ways: (1) his attorney did not adequately communicate with him; (2) Larson’s attorney allowed him to waive his right to a jury trial without the waiver being knowing, intentional, and voluntary; (3) his attorney failed to review the video of his police interview with him; (4) his attorney failed to present medical evidence regarding a 2006 accident to his genitalia; and (5) his attorney did not adequately prepare for trial or cross-examine the witness.  OPINION HOLDS: We find that Larson’s claim of ineffective assistance from counsel is meritless based on the facts in the record.  We affirm the ruling of the trial court. 

            Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (9 pages)

            Joshua Dow appeals the district court’s order modifying the joint-physical-care provision of the parties’ dissolution decree to place their children in Ashley Herzberg’s physical care.  He argues that modification is not in the children’s best interests and that no substantial change in circumstances has occurred.  OPINION HOLDS: Giving the district court’s factual findings the deference they deserve, we agree that there has been a substantial change in circumstances not contemplated at the time of the decree and that placing the children in Herzberg’s physical care is in the children’s best interests.  And we deny Dow’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J. (6 pages)

            Esai Reno Filomeno Castillo appeals his sentence after pleading guilty to sexual exploitation of a minor, contending the court abused its discretion when sentencing him by failing to consider certain mitigating factors and improperly relying on others.  OPINION HOLDS: Because we find no abuse of discretion, we affirm the sentence.

            Appeal from the Iowa District Court for Polk County, Lawrence McLellan, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Greer, J. (7 pages)

            A party appeals the imposition of three consecutive sentences, for a total of 20-years, on grounds that the trial court did not consider his mitigating circumstances.  OPINION HOLDS: Because the trial court included the defendant’s allocution in the determination of sentence, we affirm the sentence as imposed.  

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Tabor, C.J., Badding, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (3 pages)

            A defendant appeals the district court’s sentencing decision denying his request for a deferred judgment on a felony charge.  OPINION HOLDS: Finding no abuse of discretion, we affirm. 

            Appeal from the Iowa District Court for Hardin County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Vogel, S.J.  Opinion by Langholz, J.  (8 pages)

            Michaela Hale appeals an order modifying the physical-care provisions of the parties’ dissolution decree to place their children in the physical care of Steven Awe rather than in her care.  OPINION HOLDS: Hale’s 300-mile move from Estherville to Kirksville, Missouri, is a substantial change in circumstances.  And we agree with the district court that Awe has met his heavy burden to show that placing the children in his physical care is in the children’s best interests.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Badding, J., and Bower, S.J.  Opinion by Bower, S.J.  (8 pages)

            Parents separately appeal the termination of their parental rights.  Both challenge the statutory grounds for termination.  They also claim termination is not in the children’s “best interests”—the mother by pointing to her bond with the children and the father by requesting additional time.  OPINION HOLDS: Upon review, we affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (10 pages)

            A father appeals from the termination of his parental rights to his child under Iowa Code section 232.116(1)(h) (2024).  OPINION HOLDS: Because the father’s own choices and circumstances, not the actions of the Iowa Department of Health and Human Services, kept him from caring for his child; the child could not be returned to his custody at the time of the termination hearing; termination is in the child’s best interests; and there are no statutory impediments to termination; we affirm.

            Appeal from the Iowa District Court for Clarke County, Monty Franklin, Judge.  AFFIRMED.  Considered by Greer, P.J., Sandy, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (3 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Finding no cause for reversal, we affirm the termination of the mother’s rights.

            Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Chicchelly, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            The mother of D.A and G.P. and the father of G.P. separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both the mother’s and father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Erik I. Howe, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (7 pages)

            The mother of one-year-old M.N. appeals from the dispositional order in the child-in-need-of-assistance proceedings, challenging the juvenile court’s decision the child could not yet be returned to her custody.  OPINION HOLDS: Because M.N. would face further adjudicatory harm if returned to the mother’s custody at this time, we affirm the juvenile court’s dispositional order.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (7 pages)

            A mother appeals 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 and termination is not in the best interests of the child.  OPINION HOLDS: Upon our review, we affirm.  

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., Sandy, J., and Bower, S.J.  Opinion by Bower, S.J.  (9 pages)

            Parents separately appeal the termination of their parental rights to their child.  Both challenge the statutory grounds for termination.  The mother further claims termination is not in the child’s best interests due to the bond she shares with the child and requests additional time to work toward reunification.  OPINION HOLDS: Upon our review, we affirm on both appeals.   

            Appeal from the Iowa District Court for Mahaska County, Patrick J. McAvan, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINON HOLDS: Termination is in the children’s best interests.  We do not grant the mother any additional time to work towards reunification.

            Appeal from the Iowa District Court for Wapello County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Tabor, C.J.  (9 pages)

            Christopher Yenger seeks postconviction relief from his two felony murder convictions.  He alleges his trial attorneys were ineffective for not calling an expert witness to challenge the State’s arson evidence.  The district court denied relief, finding Yenger failed to show that the attorneys’ strategic decisions breached an essential duty or prejudiced Yenger’s defense.  OPINION HOLDS: In our de novo review, we reach the same conclusions and affirm.

            Appeal from the Iowa District Court for Lucas County, Dustria A. Relph, Judge. AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Shawn Shelton appeals the grant of summary disposition of his application for postconviction relief.  OPINION HOLDS: As there is no genuine issue of material fact, the district court correctly granted the State’s motion for summary disposition.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            An applicant appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm the denial of postconviction relief, concluding the applicant did not establish the prejudice prong of his claim of ineffective assistance of counsel. 

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

            A criminal defendant appeals his conviction for robbery in the first degree.  OPINION HOLDS: Because we find no abuse of discretion by the district court and no prejudice in any alleged evidentiary error, we affirm.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers, J., and Badding, JJ.  Opinion by Schumacher, J.  (13 pages)

            In this direct appeal, Cody Ruden appeals the sentences imposed following his guilty pleas, claiming ineffective assistance of counsel and violation of the plea agreement by the prosecutor.  OPINION HOLDS:  We lack authority to address Ruden’s ineffective assistance claim on direct appeal.  And the State did not breach a promise in arguing for incarceration as agreed to in the plea agreement.  Accordingly, we affirm.  DISSENT ASSERTS: I view the prosecutor’s sentencing recommendation as a violation of the plea agreement because the prosecutor failed to adequately endorse the State’s sentencing recommendation and impliedly expressed reservations about the recommendation.  I would vacate the sentences and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Delaware County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (9 pages)

            Tyler Burlage appeals the denial of his petition to vacate the decree dissolving his marriage to Jennifer Helle under Iowa Rule of Civil Procedure 1.1012.  He argues that the district court erred in denying his petition because he failed to show that his grounds for relief were not and could not have been discovered in time to move for a new trial under rule 1.1004.  OPINION HOLDS: Substantial evidence supports the district court’s finding that Burlage’s grounds for relief were all known to him within the fifteen-day window for filing a motion for a new trial.  And so, the district court did not error in denying Burlage’s petition to vacate the parties’ stipulated dissolution decree.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., Langholz, J., and Gamble, S.J.  Opinion by Ahlers, P.J.  (4 pages)

            Adam Smith, M.D.; Adam Smith, M.D., P.C.; and Tri-State Specialists, L.L.P. appeal the district court’s denial of their motion to strike an expert and for summary judgment.  OPINION HOLDS: Because the plaintiff failed to submit a timely certificate of merit affidavit from an expert witness licensed to practice in the defendants’ field, we reverse and remand for dismissal of the claims requiring a certificate-of-merit affidavit.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly, and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Leon Brand appeals the denial of his postconviction-relief application, alleging his counsel was ineffective for not appearing at a hearing to reconsider his sentence and for not investigating the disciplinary report that formed the basis for the court’s decision to decline to reconsider his sentence.  OPINION HOLDS: Brand has not proved his counsel breached an essential duty by failing to appear and argue at a nonexistent hearing or by failing to investigate a prison disciplinary report.  He also failed to establish prejudice.  As a result, we affirm.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            Anthony Stoner appeals the dismissal of his application for postconviction relief (PCR), alleging his trial counsel failed to inform him of a previous plea offer and that his PCR counsel was ineffective for failing to develop the record on that issue.  OPINION HOLDS: We affirm the district court’s dismissal because Stoner has not preserved error on the issue of the previous plea offer, failed to sufficiently state the ways in which PCR counsel was ineffective, and has not alleged any prejudice occurred based on the ineffectiveness of his trial or PCR counsel.

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (14 pages)

            Douglas Spurgeon appeals following his convictions for second-degree murder (count I), assault while participating in a felony causing serious injury (count II), and going armed with intent (count III).  Spurgeon contends (1) the greater weight of credible evidence supports a finding someone else’s actions caused the death of Gerald Sapp, so his motion for new trial should have been granted; (2) it was legally inconsistent for the jury to acquit him of first-degree murder but find him guilty of assault while participating in a felony causing serious injury and going armed with intent; and (3) counts II and III should merge with count I.  OPINION HOLDS: Because the district court did not abuse its discretion in denying Spurgeon’s motion for new trial based on the weight of the evidence, Spurgeon’s claim that the jury rendered inconsistent verdicts is without merit, and counts II and III do not merge with Spurgeon’s conviction for second-degree murder, we affirm.  

            Appeal from the Iowa District Court for Greene County, Joseph McCarville, Judge.  AFFIRMED.  Considered by Buller, P.J., Bower, S.J., and Gamble, S.J.  Opinion Per Curiam.  Partial dissent by Gamble, S.J.  (27 pages)

            Jason Pirie challenges his conviction and sentence for third-degree theft, an aggravated misdemeanor.  He argues (1) the judge should have granted his motion to recuse based on the judge’s prior representation of Pirie in two criminal matters and a recent statement made by the judge that raised a question regarding his impartiality; (2) the district court erred in allowing hearsay testimony from a police officer during the criminal trial; (3) the district court should have granted his motion for new trial based on the unavailability of a material witness; (4) the district court violated his rights by conducting a remote sentencing proceeding without first obtaining his waiver of the right to in-person sentencing; and (5) the district court abused its discretion by sentencing him to a consecutive prison term for the crime of stealing $55 worth of alcohol.  OPINION HOLDS: We affirm Pirie’s conviction—we cannot say the district court abused its discretion in denying Pirie’s motion to recuse; while we assume without deciding the court erroneously admitted hearsay testimony, it was not reversible error because the evidence of Pirie’s guilt is overwhelming; and we do not consider Pirie’s new-trial argument because he failed to preserve error.  Because Pirie failed to preserve error as was required on his remote-sentencing claim and the district court did not abuse its discretion in imposing sentence, we affirm Pirie’s sentence.  PARTIAL DISSENT ASSERTS: I concur with the parts of the per curiam opinion dealing with recusal and unavailability of a witness.  However, I respectfully dissent on the issues of hearsay and remote sentencing.  I would reverse the judgment and remand for a new trial because the district court erroneously admitted implied hearsay on the central issue of identification, which was prejudicial to Pirie.  If I reached the sentencing issue, I would also find Pirie was not required to preserve error on the remote sentencing procedure.  Because I believe the district court did not obtain Pirie’s consent to remote sentencing, I would remand for in-person sentencing.

            Appeal from the Iowa District Court for Iowa County, David M. Cox, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Bower, S.J.  (22 pages)

            Scheer Agri-Enterprises, Inc., appeals the district court’s orders granting summary judgment in favor of Ledger Swine Farms, Inc., and Norsvin USA, LLC, d/b/a Topigs Norsvin USA and dismissing Scheer’s claims of negligence, breach of contract, breach of implied warranty, and vicarious liabilty.  OPINION HOLDS: Upon review, we affirm.

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard en banc, but decided by Tabor, C.J., Greer, J., and Bower, S.J.  Opinion by Tabor, C.J.  (18 pages)

            Bradford Manatt appeals the summary judgment order finding he must offer his shares of a company to his brother, Anthony Manatt under a mandatory buy-sell agreement.  Brad argues there are genuine issues of material fact about the enforceability of the buy-sell agreement.  He also argues his affirmative defenses require determination by a jury.  OPINION HOLDS: Because the record reveals no jury question on the enforceability of the buy-sell agreement and Brad did not preserve error on affirmative defenses, we affirm.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J. (8 pages)

            Isaiah Duffield appeals his conviction for sexual abuse in the third degree and the ruling on his motion for a new trial, arguing that insufficient evidence supports his conviction and that the court applied the wrong standard when deciding whether to grant a new trial.  OPINION HOLDS: Because we find sufficient evidence supports the conviction and the district court applied the correct standard in ruling on Duffield’s motion for new trial, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (11 pages)

            A criminal defendant appeals his conviction for sexual abuse in the second degree.  OPINION HOLDS: Because the district did not err in admitting the child’s forensic interview or abuse its discretion in ruling on the motion for new trial, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, P.J.  (9 pages)

            A party appeals the denial of his petition to open a small estate in probate.  OPINION HOLDS: Because the petition only challenges one of the independent grounds for the denial of his petition, we affirm the denial under the unchallenged grounds.  SPECIAL CONCURRENCE ASSERTS: I join the court’s well-reasoned opinion in full but write separately to emphasize three points.  First, our opinion affirming does not prevent Piper from filing a new petition.  Second, we do not decide that a party must be represented by an attorney to petition to open administration of a small probate estate.  And third—contrary to Piper’s assumption—it does not appear that the district court dismissed his petition because he lacked an attorney either.

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Andrew Chappel, and Chad Kepros, Judges.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (7 pages)

            Appellant argues the district court erred in granting summary judgment based on the Appellant’s failure to file a resistance.  OPINION HOLDS: Finding summary judgment was proper, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  REVERSED AND REMANDED.  Considered by Tabor, C.J., and Badding and Buller, JJ.  Opinion by Tabor, C.J.  Dissent by Buller, J.  (29 pages)

            A defendant appeals his convictions for possession of methamphetamine with intent to deliver and failure to affix a tax stamp stemming from a search of his bag during his arrest.  OPINION HOLDS: Because the defendant had no realistic ability to access the fanny pack after he was handcuffed and escorted to the patrol car, the search did not meet the incident-to-arrest exception to the warrant requirement.  Thus, we reverse the suppression ruling and remand for further proceedings.  DISSENT ASSERTS: As I would follow longstanding state and federal law on search incident to arrest instead of placing officers at risk, I dissent.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (2 pages)

            An applicant appeals the dismissal of his untimely third application for postconviction relief.  OPINION HOLDS: Because the application was filed outside the statute of limitations, we affirm.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (6 pages)

            An employer appeals a district court ruling on judicial review affirming a workers’ compensation decision that awarded an employee permanent total disability benefits.  OPINION HOLDS: We affirm the district court’s conclusions that the challenged findings are supported by substantial evidence.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (8 pages)

            A father appeals the termination of his parental rights, arguing the grounds for termination have not been met and termination is not in the child’s best interest.  OPINION HOLDS: While the mother improperly interfered with the father’s efforts at contacting the child, the lack of contact required by the statute was caused more by the father’s lack of effort.  The mother established a statutory ground for termination, and that termination is in the child’s best interest, so we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jessica Noll, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A person appeals from a court order committing her as a person with a substance-use disorder pursuant to Iowa Code chapter 125 (2023).  OPINION HOLDS: We affirm, finding sufficient evidence to support commitment and that—assuming without deciding there is a right to effective counsel under chapter 125—counsel was not ineffective.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            An applicant appeals the dismissal of his application for postconviction relief, claiming he should have been excepted from the statute of limitations based on a new ground of law.  OPINION HOLDS: Finding error was not preserved on the applicant’s claim for exception from the statute of limitations and he is otherwise not entitled to relief on the merits, we affirm dismissal of his application for postconviction relief.

            Appeal from the Iowa District Court for Butler County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Potterfield, S.J.  Opinion by Badding, P.J.  (8 pages)

            A father appeals a custody decree placing the parties’ children in the physical care of their mother.  OPINION HOLDS: Deferring to the district court’s credibility findings, we affirm the district court’s physical-care decision.  We deny the mother’s request for an award of appellate attorney fees.

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

            Justin Loper appeals from a jury verdict and district court judgment to the same finding the appellees, Bradley Bark, D.C. and Bark Chiropractic & Rehab Clinic, LLC, not liable for alleged injuries and damages sustained by Loper, arguing the district court erred in permitting cross-examination of an expert witness concerning prior allegations made by the Iowa Board of Medicine against the expert witness.  OPINION HOLDS: Finding that Loper has failed to preserve error on his statutory argument, we affirm the district court’s judgment.

            Appeal from the Iowa District Court for Bremer County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Jerod Cox appeals the denial of his motion to suppress, arguing officers who seized him did not have reasonable suspicion to demand he exit his vehicle.  OPINION HOLDS: Because we find the officer had reasonable suspicion to believe Cox was intoxicated, justifying Cox’s detention and the officers’ order for Cox to exit his vehicle, we affirm.

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

            A defendant appeals his criminal sentences.  OPINION HOLDS: Finding no abuse of discretion or defect in sentencing procedure, we affirm. 

            Appeal from the Iowa District Court for Jasper County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            The applicant appeals the denial of his postconviction relief application, asserting he sufficiently pled newly discovered evidence to bypass the statute of limitations.  OPINION HOLDS: Because the applicant pled only a generic allegation of newly discovered evidence, with no facts or specifics to support it, we affirm dismissal of the application.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J. (5 pages)

            Michael Radtke Jr. appeals his sentence for operating while intoxicated, second offense, arguing the district court abused its discretion by sentencing him to prison instead of a jail sentence with a suspended term of incarceration with probation.  OPINION HOLDS: Because we find the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly J. Smith, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (6 pages)

            Following his convictions for child endangerment and domestic abuse assault causing bodily injury, Armstrong Kyne appeals the revocation of his bond, arguing his statutory and constitutional rights were violated, as well as his sentence, arguing the district court made errors of law and considered inappropriate factors.  OPINION HOLDS: We affirm the district court ruling because we lack jurisdiction to address the issue of his bond revocation, and the district court made no abuse of discretion and considered no improper factors in his sentencing.

            Appeal from the Iowa District Court for Scott County, Tamra J. Roberts, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  Dissent by Tabor, C.J.  (10 pages)

            Brandon Ruiz appeals the dismissal of his second application for postconviction relief (PCR).  He asks us to adopt equitable tolling and, alternatively, claims he is entitled to relief because counsel for this PCR action failed to submit any filings on his behalf in the district court, resulting in the dismissal of his case.  OPINION HOLDS: We affirm the dismissal of Ruiz’s second PCR application.  DISSENT ASSERTS: Because I believe that Ruiz was denied his right to effective assistance of postconviction counsel, I respectfully dissent.

            Appeal from the Iowa District Court for Greene County, Ashley Beisch, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination.  Termination is in the child’s best interests.  We decline to apply any permissive exceptions to termination or to establish a guardianship in lieu of termination.  We do not grant the mother any additional time to work towards reunification.

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

            A mother appeals the termination of parental rights and denial of her request for additional time.  OPINION HOLDS: Despite the deficiencies in the juvenile court’s ruling, we affirm.

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nichol, Judge.  AFFIRMED IN PART AND VACATED IN PART.  Considered by Tabor, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother appeals a bridge order entered in a child-in-need-of-assistance proceeding.  OPINION HOLDS: I. We affirm the issuance of a bridge order granting the parents joint legal custody of the child and placing the child in the father’s physical care.  We vacate the portion of the order conditioning the mother’s ability to exercise visitation with the child on access to the mother’s confidential medical and mental-health records.  II. We find no due process violation based on the incomplete transcript of the permanency hearing.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            The juvenile court terminated the mother’s parental rights to K.R., born in 2014, pursuant to Iowa Code section 232.116(1)(d), (e), (f), and (i) (2024).  The mother appeals, challenging the statutory grounds for termination and whether the loss of her rights is in K.R.’s best interests.  OPINION HOLDS: Without an approved home study of the shelter where the mother was living in Florida, the juvenile court could not return custody of K.R. to the mother at the time of the termination trial.  The statutory ground for termination under section 232.116(1)(f) was proved.  And because the mother and K.R. have had no in-person contact in seven years and K.R. has a heightened need for a safe, stable home, termination of the mother’s rights is in his best interest. 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (4 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Finding no cause for reversal, we affirm. 

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Doyle, S.J. Opinion by Schumacher, P.J.  (6 pages)

            Defendant appeals his convictions for murder in the first degree and domestic abuse assault with a dangerous weapon.  He argues the State failed to present sufficient evidence to support his convictions.  OPINION HOLDS: We determine there was sufficient evidence and affirm.

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Steven Elliott Jr. appeals his convictions for assault causing bodily injury and assault with intent to commit sexual abuse.  He alleges the district court committed four errors: (1) denying his motions to strike two potential jurors; (2) admitting Jackie’s 911 call into evidence; (3) permitting a police officer to testify about the effect of traumatic events on witness memories; and (4) allowing the jury to hear a reference to Elliott getting out of jail.  OPINION HOLDS: We find the district court did not err or abuse its discretion, or alternatively that no prejudice resulted from its rulings.  So we affirm the rulings and convictions.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Alan Lucas appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: We affirm the summary dismissal of Lucas’s application based on the time bar in Iowa Code section 822.3 (2021).  As a result, we need not consider Lucas’s challenge to the other grounds on which the court granted summary dismissal.

            Appeal from the Iowa District Court for Scott County, Meghan K. Corbin, Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Bower, S.J.  (19 pages)

            Clinton Vanfossen appeals his convictions for electronic or mechanical eavesdropping, preventing apprehension or obstruction of prosecution, and five counts of invasion of privacy–nudity.  Vanfossen challenges the district court’s denial of his motion in limine, the sufficiency of the evidence supporting his convictions, and the sentence imposed by the court.  OPINION HOLDS: Upon review, we affirm Vanfossen’s convictions, but we vacate the sentencing order and remand for resentencing.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge. AFFIRMED. Considered by Greer, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (3 pages)

            Edward Grayson appeals from the district court order granting the State’s motion for summary disposition of his postconviction-relief application.  OPINION HOLDS: Grayson’s application for postconviction relief is time-barred by Iowa Code section 822.3 (2022).

            Appeal from the Iowa District Court for Guthrie County, Stacy Ritchie, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            Robert Wimer challenges the denial of his motion to end the requirement he register as a sex offender.  He argues for the first time on appeal that his continued requirement to register as a sex offender—which is set to last until 2031—constitutes cruel and unusual punishment.  OPINION HOLDS: Because the requirement to register as a sex offender is not “punishment,” it cannot be cruel and unusual punishment.  We affirm.  

            Appeal from the Iowa District Court for Webster County, Christopher C. Polking, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Buller, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (12 pages)

            Jon and Heather Baedke both appeal the decree dissolving their marriage.  Jon challenges the spousal-support award.  Heather challenges the property division, arguing that the court improperly valued their closely held business by including a ten-percent marketability discount and failed to award interest from the date of the decree on the five annual equalization payments.  OPINION HOLDS: Giving the court’s decision the deference it deserves, we cannot say the spousal support fails to do equity.  The court’s valuation of the business, including the marketability discount, was within the range of permissible evidence.  And neither equity nor Iowa law requires interest on installment equalization payments to begin accruing on the date of the decree.  We decline to award Heather appellate attorney fees.

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., and Langholz, J., and Bower, S.J. Opinion by Schumacher, J.  (25 pages)

            Anton Khabbaz appeals the entry of summary judgment in favor of Rawan Khabbaz on his claims of undue influence, lack of testamentary capacity, and tortious interference with an inheritance.  OPINION HOLDS: We find there are genuine issues of material fact to show Nabil Khabbaz was susceptible to undue influence and that “the result clearly appeared to be the result of undue influence.”  These genuine issues of material fact make summary judgment on Anton’s claims inappropriate.  We reverse the decision of the district court and remand for further proceedings.  DISSENT ASSERTS: The majority reverses the district court based on issues of disputed fact that Anton never argued to the district court and some he never argued to us either.  But appellate courts are bound by the fundamental principles of the adversarial process and appellate review to decide only the arguments made in and decided by the district court.  And so limited, I cannot say that the district court erred in holding that Anton failed to show any material factual dispute.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (12 pages)

            The defendant appeals the district court’s denial of his motion for new trial and for a continuance to substitute counsel.  OPINION HOLDS: Because the district court correctly applied the new-trial standard, and did not abuse its discretion in denying the motion to continue, we affirm.

            Appeal from the Iowa District Court for Linn County, Andrew Chappell, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (15 pages)

            Bryan Roche appeals the denial of his application for postconviction relief.  OPINION HOLDS: Having rejected Roche’s claims of ineffective assistance of criminal trial counsel, we affirm.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (7 pages)

            Ben Rasmussen appeals the property division in the decree dissolving his marriage with Alexis Rasmussen.  He argues that it is inequitable for the district court to order him to pay $20,000 to Alexis for her “lost equity” in a Mercedes Benz that she transferred to him during the marriage.  OPINION HOLDS: Alexis’s “lost equity” is not an asset or debt subject to division.  Nor could a $20,000 payment that makes the property division less equal be an equalization payment.  And so, on our de novo review, we modify the property division to strike Ben’s $20,000 payment obligation to Alexis and otherwise affirm.

            Appeal from the Iowa District Court for Polk County, Katie Ranes, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (3 pages)

            Appellants appeal from a district court order denying a request to remove a co-trustee from two separate trusts.  OPINION HOLDS: Because the appellate brief does not comply with our rules of appellate procedure and does not contain relevant citations to supporting authority, we affirm without further opinion.

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

            Darin Peterson appeals his two convictions for second-degree sexual abuse.  He raises four claims: (1) he contends the court improperly instructed the jury on the intent element of the offenses; (2) he asserts counsel was ineffective for failing to object to the erroneous instruction; (3) he accuses the State of failing to disclose evidence favorable to him; and (4) he argues that prosecutorial misconduct denied him a fair trial.  OPINION HOLDS: We find that the instruction did not prejudice Peterson and we lack authority to hear the ineffective-assistance claim.  For the third and fourth claims, Peterson failed to preserve error.  So, we affirm the convictions. 

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Chicchelly, J., takes no part.  Opinion by Greer, J. (11 pages)

            Ethan Orton appeals the sentence imposed following his guilty plea to two counts of first-degree murder as a juvenile offender.  OPINION HOLDS: The sentencing court met the requirements of Miller/Lyle/Roby, applied the presumption against a minimum term of incarceration, and considered the mitigating juvenile sentencing factors, and the court provided sufficient detail for us to exercise our review of the record.  Thus, the court did not abuse its discretion, and we affirm.

            Appeal from the Iowa District Court for Madison County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (16 pages)

            Kendra and Jeffrey Levine, individually and as next friends of their minor daughter, appeal the dismissal of their claims against Michael and Heidi Boyd and their minor son on summary judgment.  The Levines contend the district court erred in granting summary judgment on their claims for intentional infliction of emotional distress, intentional interference with the parent-child relationship, false imprisonment, negligence, negligent supervision, and parental responsibility for the actions of a minor child.  OPINION HOLDS: Because we conclude the undisputed facts establish that the Boyds are entitled to judgment as a matter of law, we affirm the district court’s ruling.

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Bower, S.J.  Opinion by Bower, S.J.  (4 pages)

            Joscela Holloway appeals the sentences imposed after her guilty pleas to twenty-three offenses.  OPINION HOLDS: Finding no abuse of discretion, we affirm. 

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A defendant argues the district court erred in denying his motion to suppress.  OPINION HOLDS: Because there is no preemption of the city ordinances by state statutes, we affirm.

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

            Defendant argues the district court improperly admitted evidence of prior bad acts.  OPINON HOLDS: Because we find the evidence was properly admitted to show intent and motive, we affirm.

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

            A father appeals the district court’s denial of his petition to modify his dissolution decree, arguing he should be given physical care and sole legal custody of the parties’ children.  The father also requests appellate attorney fees.  OPINION HOLDS: Because the father failed to prove he could provide superior care to the children and modifying physical care and legal custody is not in the children’s best interests, we affirm.  We reject the father’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            Plaintiff appeals the district court’s grant of summary judgment finding the defendant was not a possessor of the property where plaintiff slipped and fell, and therefore defendant could not be held liable for negligence. OPINION HOLDS: We conclude summary judgment was appropriate on the arguments preserved for appeal and affirm the district court. 

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  AFFIRMED.  Heard by Tabor, P.J, Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, and Bower, S.J.* Opinion by Chicchelly, J.  (14 pages)

            A property owner appeals the declaratory judgment confirming its obligation to pay dues and special assessments to a neighborhood homeowner association and challenges the attorney fee award.  OPINION HOLDS: Because the relevant restrictive covenants have not expired, Lake Cabin is responsible for its financial obligations to WOHLOA.

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

            After concluding it lacked subject matter jurisdiction when it entered a 2020 custody order regarding N.G.M., the child of Jonathan Meador and Di Lu, the district court vacated the 2020 order.  Jonathan appeals, arguing the district court misapplied Iowa Rules of Civil Procedure 1.1012 and 1.1013; he suggests rule 1.1012 is the only mechanism by which the district court may vacate the 2020 order.  OPINION HOLDS:         Because Jonathan does not challenge the district court’s conclusion that it lacked subject matter jurisdiction to enter the 2020 custody order, and because a ruling entered without subject matter jurisdiction is void and must be vacated, we affirm.

            Appeal from the Iowa District Court for Grundy County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            The mother appeals from an order establishing a guardianship over her child.  OPINION HOLDS:  Because the record supports the juvenile court’s order, we affirm.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Langholz, JJ.  Opinion by Greer, P.J.  Special Concurrence by Ahlers, J.  (11 pages)

            The district court granted in part and denied in part Bryan Dewhurst’s application for rule to show cause against his ex-wife, now known as Laura Imsland.  Bryan appeals, challenging the district court’s dismissal of count I of the application, which involved the claim that Laura violated the court’s custody order by not facilitating the return of their child to Bryan’s physical care after the child left his home in February 2023.  Laura counters by arguing the court correctly dismissed count I.  Each party also requests appellant attorney fees.  OPINION HOLDS: We affirm the district court ruling and deny the requests for attorney fees.  SPECIAL CONCURRENCE ASSERTS: Because the district court had discretion to decline to hold a party in contempt and did not abuse that discretion, I believe it is not necessary to reach the question of whether Bryan Dewhurst met his burden of proof to establish Laura Imsland intentionally interfered with his physical-care rights to their child.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  REVERSED AND REMANDED.  Considered by Greer, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A mother appeals the termination of her parental rights, drawing on provisions of the Iowa Indian Child Welfare Act.  OPINION HOLDS: We reverse and remand because the record is deficient on required qualified-expert testimony.  We do not disturb the status quo from the underlying child-in-need-of-assistance cases or any existing no-contact orders.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (3 pages)

            A defendant appeals his criminal sentences, arguing the district court failed to provide particular reasons for its sentencing decision.  OPINION HOLDS: We affirm, concluding the district court provided sufficient reasons for the sentence.  Even if it hadn’t, it wasn’t required to since it was merely giving effect to the terms of the plea agreement.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            The juvenile court terminated the mother’s parental rights to five-year-old W.G.-C. pursuant to Iowa Code section 232.116(1)(f) (2023).  The mother appeals, arguing the statutory ground for termination was not met and challenging whether termination is in the child’s best interests since W.G.-C. remains in the custody of his father.  OPINION HOLDS: Because the State proved the grounds for termination under section 232.116(1)(f) and we decline to apply the permissive factor in section 232.116(3)(a), we affirm. 

            Appeal from the Iowa District Court for Audubon County, Justin R. Wyatt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (11 pages)

             A mother appeals the termination of her parental rights to her three-year-old daughter.  OPINION HOLDS: Because we find the statutory ground for termination is supported, termination is in her best interests, and a statutory exception does not apply, we affirm. 

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: Finding no cause for reversal, we affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A father appeals the adjudicatory and dispositional orders in a child-in-need-of-assistance proceeding (CINA).  OPINION HOLDS: Clear and convincing evidence supports each of the grounds for the CINA adjudication and the child’s removal from the father’s custody.  Because restricting supervised visitation will eliminate the risk of adjudicatory harm to the child while maintaining the parent-child bond and serving the child’s best interests, we reverse the portion of the dispositional order prohibiting contact between the father and child.  We remand to the juvenile court to order supervised visitation at the department of health and human service’s discretion.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (4 pages)

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

            Appeal from the Iowa District Court for Jones County, Joan M. Black, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (7 pages)

            The juvenile court terminated the mother’s parental rights to C.L., K.L., and K.L., who ranged in ages from thirteen to nine years old at the time of the termination trial, under Iowa Code section 232.116(1)(e) and (f) (2024).  The mother appeals, arguing the statutory grounds for termination were not proved, the State failed to make reasonable efforts to reunify her with the children, she should be given additional time to achieve reunification, and—because of the close bond she shares with the children—it is not in the children’s best interests to terminate her rights.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to C.L., K.L., and K.L.

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the State has shown grounds for termination exist under Iowa Code section 232.116(1)(f) (2024), termination is in the best interests of the child, and the application of a permissive exception to termination is unwarranted, we affirm.

            Appeal from the Iowa District Court for Fremont County, Scott Strait, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (8 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (13 pages)

            A criminal defendant appeals his convictions for three counts each of first-degree murder and first-degree robbery, challenging the district court’s denial of a motion to strike a potential juror for cause during voir dire and admission of certain autopsy photos at trial.  OPINION HOLDS:  Finding he has not proven an abuse of discretion warranting reversal on either issue, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (31 pages)

            A criminal defendant appeals his convictions for three counts of second-degree murder and three counts of first-degree robbery, alleging multiple errors across his three-week trial.  OPINION HOLDS: We affirm, finding the preserved errors do not warrant reversal. 

            Appeal from the Iowa District Court for Polk County, Erica Crisp and Becky Goettsch, Judges.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A jury found Damen Walton guilty of operating while intoxicated.  On appeal from that conviction, Walton challenges the district court’s denial of his motion to suppress and contends his motion for new trial should have been granted because the jury’s verdict is contrary to the weight of the evidence.  OPINION HOLDS: Because there was probable cause to support the stop of Walton’s vehicle and the district court did not abuse its discretion in denying the motion for new trial, we affirm. 

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  WRIT ANULLED IN PART, GRANTED IN PART, AND REMANDED WITH DIRECTIONS; MODIFICATION AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J. (11 pages)

            Briana Hesse challenges the district court order finding her in contempt, the sentence imposed, and the modification of visitation.  OPINION HOLDS: As to the finding of contempt, because the district court did not clearly apply the beyond-a-reasonable-doubt burden of proof, we grant the writ in part and remand with directions to apply that burden.  We likewise annul the writ in part as to the sentence imposed but direct the district court to clarify the basis for each sentence.  As to the modification of visitation, because we find the breakdown in communication and ability to coordinate visitation constitutes a material change in circumstances, we affirm the modification.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Langholz, P.J., and Bower and Carr, S.JJ., Opinion by Langholz, P.J.  (11 pages)

            Todd Landen appeals the spousal- and child-support awards of the decree dissolving his marriage with Aprel Landen, arguing that the district court’s inclusion of his veterans’ disability benefits in calculating his income violates federal law.  He also challenges the inclusion of the marital home in the property division because its value includes improvements paid for by the Department of Veterans Affairs to accommodate his disability.  Aprel cross-appeals the spousal-support award arguing the court should have extended the ten-year award to continue until the death of either party or her remarriage.  OPINION HOLDS: Federal law does not prohibit including veterans’ disability benefits in the calculation of a party’s income when deciding spousal- or child-support awards.  Todd did not preserve error on his challenge to the property division. And the spousal-support award to Aprel for ten years does not fail to do equity.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Vogel, S.J.  Opinion Per Curiam.  (4 pages)

            A protected party under a domestic violence protective order appeals the dismissal of his contempt application.  OPINION HOLDS: We affirm the dismissal of the contempt application.

            Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  Dissent by Langholz, J. (18 pages)

            Shenandoah Medical Center (SMC) appeals the district court’s denial of its motion for summary judgment for failure to timely file an expert-witness designation.  OPINION HOLDS: Upon review, we affirm. DISSENT ASSERTS: I would follow Stanton v. Knoxville Community Hospital, Inc., No. 19-1277, 2020 WL 4498884 (Iowa Ct. App. Aug. 5, 2020), and hold that the district court abused its discretion in concluding that the Wilsons had good cause for their failure to timely file their expert certifications under Iowa Code section 668.11 because they have not shown a valid reason for their failure and the district court erroneously relied on defense counsel’s actions.  The court thus erred in denying SMC summary judgment on that ground.  And we should remand for the district court to consider whether the Wilsons’ claims fail as a matter of law without expert testimony as SMC argued in its summary-judgment motion.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            After pleading guilty to possession of a controlled substance with intent to deliver (lorazepam), an aggravated misdemeanor, and failure to possess a tax stamp, a class “D” felony, Donta Hale maintains the district court should have allowed him to withdraw his guilty pleas.  OPINION HOLDS: Hale has not established good cause to invoke this court’s jurisdiction.  We dismiss his appeal.

            Appeal from the Iowa District Court for Polk County, Heather Lauber (guilty plea) and William P. Kelly (sentencing), Judges.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Spencer Smith pleaded guilty to homicide by vehicle by operating a motor vehicle while under the influence and serious injury by vehicle by operating a motor vehicle while under the influence.  He was sentenced to serve his two sentences consecutively.  Smith now appeals, contending he was coerced into pleading and the district court considered an impermissible factor during his sentencing.  OPINON HOLDS: We do not have authority to consider Smith’s claim his plea was involuntary and the district court committed no error in sentencing.  We affirm.

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            Williams appeals the grant of summary disposition and dismissal of his most recent postconviction relief application (PCR).  He contends that the jury that was discharged due to a mistrial was the same jury at the second trial that returned his guilty verdict.  He also contends that the judge from the mistrial should not have been the judge at the second trial.  He claims his trial counsel was ineffective for failing to object to those events.  Finally, he argues that the PCR court erred when it failed to comply with the procedures in Iowa Code section 822.6 (2021).  OPINION HOLDS: Upon our review, we find Williams’ arguments not supported by the record and affirm.

Appeal from the Iowa District Court for Keokuk County, Crystal S. Cronk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (24 pages)

            An employee appeals the district court’s grant of summary judgment in an age- and disability-discrimination, retaliation, and hostile-work-environment case.  OPINION HOLDS: Because we find fact questions remain on the discrimination claims, we reverse the district court’s grant of summary judgment as to those issues and affirm on all other claims.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J. (8 pages)

            Tre Worden appeals, challenging the denial of his motion to suppress by asserting an unlawful seizure and the sufficiency of the evidence for his conviction for interference with official acts resulting in bodily injury.  OPINION HOLDS: Finding he was lawfully seized and the evidence was sufficient to support his conviction, we affirm. 

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (3 pages)

            Timothy Spencer attempts to appeal his convictions for robbery in the second degree and theft in the first degree from an older individual.  OPINION HOLDS: Because Spencer does not have good cause to appeal, we dismiss the appeal.

            Appeal from the Iowa District Court for Worth County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J. (14 pages)

            Trapp Trotter appeals the district court ruling rejecting his fair-cross-section challenge to the jury that convicted him of attempted murder and criminal trespass.  He contends the district court erred in finding he failed to satisfy his burden to prove there was systematic exclusion of a distinctive group from the jury pool.  OPINION HOLDS: On our review, we find Trotter failed to produce evidence of systematic exclusion.  So we affirm.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J. (5 pages)

            A defendant challenges his sentence for willful injury causing bodily injury, arguing the court abused its discretion in ignoring his mental health and substance use.  OPINION HOLDS: Because the court considered all the pertinent information and sentencing factors, we observe no abuse of discretion and affirm. 

            Appeal from the Iowa District Court for Hardin County, Jennifer Miller, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J. (13 pages)

            Osborn Gavel challenges his conviction for first-degree murder.  OPINION HOLDS: Because the State presented substantial evidence that Gavel acted willfully, deliberately, premeditatedly and with a specific intent to kill the victim when he struck him four times with a crowbar and the district court did not err in interpreting our rules of criminal procedure to not require ordering deposition of an rebuttal expert witness nor abuse its discretion in denying Gavel’s motion to compel, we affirm Gavel’s conviction.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (8 pages)

            Deronta Jamison Jr. appeals his sentence following his guilty plea to second-degree robbery.  OPINION HOLDS: We conclude Jamison was not entitled to an individualized hearing to consider the factors associated with juvenile offenders because no minimum sentence was imposed.  The court did not abuse its discretion in sentencing him to a term of imprisonment.  We affirm Jamison’s sentence.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A party challenges the district court’s determination that both a petition in probate and a claim in probate could not proceed and that the party failed to meet the burden necessary for promissory estoppel.  The party also challenges the district court’s denial of the request to dismiss a claim about a right of first refusal and the court’s determination that the petition in probate failed to correctly name the defendants.  OPINION HOLDS: We determine the claim in probate and petition in probate are mutually exclusive under Iowa Code section 633.415(2) (2022) and there was a failure to present strict proof of promissory estoppel.  Given this determination, we do not address the other issues on appeal.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Linn County, Angie Johnston, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (13 pages)

            Paternal grandparents and the children for whom they were appointed guardians appeal the termination of the voluntary guardianship after the mother withdrew her consent.  OPINION HOLDS: On our de novo review, giving weight to the court’s thoughtful and well-supported factual findings, we agree that the guardians and children failed to meet their burden to prove by clear and convincing evidence that terminating the guardianship would cause the children physical harm or significant, long-term emotional harm sufficient to carry their burden under the rigorous harm standard.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager and Robert J. Richter, Judges.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            Paul Kramer challenges his conviction and sentence for driving while barred.  Kramer maintains (1) the district court should have sua sponte ordered a competency hearing; (2) the district court should not have allowed him to represent himself in the criminal proceedings; and (3) he should be resentenced because the district court relied on counterfactual reasons, like a guilty plea and the plea agreement, when giving the basis for the sentence imposed.  OPINION HOLDS: Because we find no legal error in allowing the trial to proceed without having a competency hearing or requiring a competency evaluation, nothing Kramer points to on appeal convinces us his waiver of his right to counsel was not knowing and voluntary, and there were no mistakes or issues with the sentencing hearing and the oral pronouncement of sentence, we affirm.  However, we remand for entry of a nunc pro tunc order to correct the clerical mistakes in the written sentencing order.  

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RECALCULATION OF CHILD SUPPORT.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the district court’s order modifying the father’s child support obligation, arguing the court ignored pertinent facts and that the court should have made the support obligation retroactive.  OPINION HOLDS: Because the district court failed to properly account for various deductions in its child support calculation, we reverse and remand for recalculation of child support.  But we affirm that part of the court’s ruling, establishing a start date for the modified child support payments.

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers, Badding, Chicchelly, and Langholz, JJ.  Opinion by Badding, J.  (13 pages)

            Dana Vietor, a former registered representative with the Financial Industry Regulatory Authority, appeals the denial of his motion to vacate an arbitration award against him for just over $5.7 million on claims brought by ex-clients.  On appeal, Vietor claims the award should have been vacated under the Federal Arbitration Act (FAA) because (1) the arbitration panel refused to postpone the final hearing after Vietor’s lead trial counsel withdrew; (2) one of the arbitrators failed to disclose a conflict of interest; and (3) the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims were in manifest disregard of the law.  The claimants request an award of appellate attorney fees as a sanction pursuant to Iowa Rule of Civil Procedure 1.413(1).  OPINION HOLDS: We affirm the district court’s denial of Vietor’s motion to vacate the arbitration award, finding that (1) Vietor’s arguments on the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims do not assert any grounds under section 10 of the FAA for vacatur; (2) the panel was not guilty of misconduct by declining to postpone the final hearing further; and (3) Vietor did not meet his heavy burden to show a conflict of interest concerning one of the arbitrators.  Lastly, we deny the claimants’ request for appellate attorney fees as a sanction against Vietor. 

            Appeal from the Iowa District Court for Mills County, Michael Hooper, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Zachary Liddick appeals the denial of his application for postconviction relief (PCR), which claimed he received ineffective assistance from his trial counsel and counsel in his first PCR action.  OPINION HOLDS: Because Liddick failed to establish the ineffective assistance of either his trial or PCR counsel, we affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (10 pages)

            A father appeals the private termination of his parental rights over his two daughters under Iowa Code chapter 600A (2023).  OPINION HOLDS: Clear and convincing evidence shows that the father abandoned his two daughters and termination of his parental rights is in their best interests.  And he waived and failed to preserve his claim that he is entitled to a jury trial.  We thus affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Lucas County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Carr, S.J.  Opinion by Badding, P.J.  (5 pages)

            Defendants appeal an adverse district court order quieting title to real property.  OPINION HOLDS: We affirm the district court’s decision and deny the plaintiff’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            John Mark Blair II appeals his sentence, arguing the district court abused its discretion by applying a fixed sentencing policy based on the nature of the offenses.  OPINION HOLDS: We do not find the district court employed a fixed sentencing policy in choosing imprisonment over probation; the court appropriately used its discretion in tailoring the concurrent ten-year sentences to Blair’s individual circumstance.  We affirm.

            Appeal from the Iowa District Court for Poweshiek County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (11 pages)

            A mother appeals a district court order establishing a guardianship for her minor child.  OPINION HOLDS: Because there is clear and convincing evidence that the mother was not willing or able to exercise the powers the district court granted to the guardians and the guardianship is in the child’s best interest, we affirm upon our de novo review of the record.

            Appeal from the Iowa District Court for Taylor County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Blane, S.J.  Opinion by Langholz, J.  (12 pages)

            Natalie Churchill appeals the district court’s order interpreting her grandfather’s trust and denying her request to remove the trustee—her aunt, Nancy Churchill.  OPINION HOLDS: The district court correctly interpreted the unambiguous terms of trust— Natalie has no interest in the trust income or property until “both” of Churchill’s daughters “are deceased.”  The court did not abuse its discretion in refusing to remove Nancy as trustee.  And we cannot consider Natalie’s attorney-fees arguments because the district court has not made a final attorney-fee award to Nancy and Natalie never requested fees.  We also decline to award Natalie appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            An applicant appeals the district court’s denial of his application for postconviction relief.  OPINION HOLDS: Because the applicant failed to show that trial counsel breached an essential duty, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Larry Murphy appeals the summary dismissal of his second application for postconviction relief (PCR).  OPINION HOLDS: Because Murphy’s PCR application was filed more than three years after his conviction was final and he asserted no ground of fact material to his substantive claim that could not have been presented within the three-year time frame, see Iowa Code § 822.3 (2023), we affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Demetrius Wilson appeals his conviction for possession of a controlled substance with intent to deliver (marijuana) within one thousand feet of certain real property.  OPINION HOLDS:  Because Wilson did not file a motion in arrest of judgment following his guilty plea, and he clearly waived his right to have a hearing in open court for his guilty plea, he does not have good cause to appeal this non-class-“A”-felony conviction.  Without good cause, we have no jurisdiction, and we dismiss the appeal.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (9 pages)

            Kristopher Keppy appeals the district court’s denial of his application to modify the physical-care and child-support provisions of a custody-and-support order under Iowa Code chapter 600B (2022) and its refusal to hold the children’s mother, Jennifer West, in contempt for alleged violations of that order.  OPINION HOLDS: Keppy has not preserved error on his challenges to the district court’s refusal to hold West in contempt or its denial of his request to modify the physical-care placement of the children because—as he concedes—the district court did not rule on the errors he now raises and he did not ask the court to expand its ruling to address them under Iowa Rule of Civil Procedure 1.904.  We defer to the court’s finding that his reduction in income is self-inflicted and cannot support modification of his child-support obligation.  And we award West some of her appellate attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Thomas Reidel, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Donroy Merrival Jr. appeals his sentences following his guilty pleas.  Merrival argues the district court abused its discretion when sentencing him to incarceration instead of probation because the court used boilerplate language and only considered the nature of the offense.  OPINION HOLDS: The district court did not abuse its discretion and we affirm the sentences imposed by the district court.

            Appeal from the Iowa District Court for Woodbury County, Jessica Noll, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (12 pages)

            R.K. appeals two involuntary‑commitment orders under Iowa Code chapters 125 and 229 (2023), challenging sufficiency of the evidence.  She also contends that she received ineffective assistance.  OPINION HOLDS: Because sufficient evidence supports the finding and R.K. did not receive ineffective assistance, we affirm R.K.’s commitment under section 229.1(22).  But we reverse R.K.’s commitment under section 125.2(16) and remand for dismissal of that application.

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

            A father appeals the private termination of his parental rights under Iowa Code section 600A.8 (2023).  OPINION HOLDS: Because we conclude the mother proved the statutory ground of abandonment, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A patient appeals orders for civil commitment based on her mental health and substance-use disorder.  OPINION HOLDS: Because the patient’s failure to present a proper record on appeal precludes our review of the sufficiency of the evidence, and we find she is owed no relief on her ineffective-assistance-of-counsel claim, we affirm. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (3 pages)

            A father appeals from a child-in-need-of-assistance proceeding.  OPINION HOLDS: The father presents no argument from which we may find reversible error.

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (12 pages)

            The mother of three children and the father of the youngest appeal the termination of their parental rights, raising five claims: (1) The juvenile court abused its discretion by denying their motions to continue the termination hearings.  (2) The court erred in denying their request for a different judge.  (3) The State failed to prove a ground for termination.  (4) Termination was not in the children’s best interests.  (5) Exceptions preclude the need for termination.  OPINION HOLDS: Finding no merit in those five claims, we affirm the termination order.

            Appeal from the Iowa District Court for Marshall County, Paul J. Crawford, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her two-year-old child.  She contends the State failed to prove the statutory ground for termination and failed to make reasonable efforts in her case.  OPINION HOLDS: We find no merit in either claim, so we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A mother appeals a juvenile dispositional order removing her children from her care.  OPINION HOLDS: Because her argument lacks citation to any supporting legal authority, we summarily affirm. 

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (11 pages)

            The parents of four children individually appeal the termination of their parental rights.  The father argues that the State failed to prove a ground for termination and that termination was not in the children’s best interests, and he asks for six additional months to work toward reunification.  The mother claims that the State hindered reunification and that without its recommendation, the court could not find the children could be returned.  OPINION HOLDS: We find the State proved grounds for termination by clear and convincing evidence and that it was in the children’s best interests for the court to terminate.  We also refuse the father’s request for six more months.  Lastly, we find the mother both failed to preserve and waived her argument on appeal.  Thus, we affirm on both appeals.   

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to a child.  OPINION HOLDS: There is clear and convincing evidence showing the grounds for termination of the mother’s and father’s parental rights under Iowa Code section 232.116(1)(h) (2024), and there is no basis for granting the mother additional time.  Clear and convincing evidence shows termination is in the child’s best interests, and none of the exceptions to termination apply. 

            Appeal from the Iowa District Court for Story County, Hunter W. Thorpe, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            The father challenges the termination of his parental rights.  OPINION HOLDS: Because termination is in the child’s best interests due to the father’s inability to look after her safety and need for a permanent home, the strength of the bond between the father and the child does not overcome the detriment of declining termination, the need for removal—the father’s substance use and mental health challenges—will likely still exist in six months, and a guardianship is not in the child’s best interests, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Clarke County, Monty Franklin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children, claiming the State failed to prove the grounds for termination relied on by the district court.  OPINION HOLDS: On our de novo review, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (11 pages)

            A father, mother, and their teenaged son separately appeal a juvenile court order terminating parental rights.  OPINION HOLDS: After a careful review of the record, we reach the same conclusions as the district court and affirm its ruling.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Badding, P.J., Buller, J., and Bower, S.J.*.  Opinion by Buller, J.  (5 pages)

            A civil defendant appeals the district court’s finding of a boundary by acquiescence and easement by prescription.  OPINION HOLDS: We reverse the district court’s findings and remand.

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

            DeVaris Perry appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Perry has not proved he received ineffective assistance from his trial counsel, we affirm the denial of his application.

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Schumacher, J., and Vogel, S.J.  Buller, J., takes no part.  Opinion by Vogel, S.J.  (6 pages)

            A defendant seeks to vacate his guilty plea, alleging the district court erroneously denied his post-plea motion for adjudication of law points.  OPINION HOLDS: Because Clark failed to show good cause to pursue a direct appeal from his guilty plea, we dismiss this appeal for want of jurisdiction.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Tabor, P.J. (14 pages)

            A jury convicted Quarian Moore of first-degree murder and attempted murder for shooting two people at a Des Moines intersection in November 2021.  Moore was just shy of his eighteenth birthday at the time of the crime.  The district court imposed a mandatory minimum term of incarceration of twenty-five years.  Moore now argues the State failed to present sufficient evidence that he was the shooter and that the court improperly applied the juvenile sentencing factors.  OPINION HOLDS: Finding substantial evidence that Moore shot and killed Dean Deng and wounded B.C., and observing no abuse of discretion in Moore’s sentencing, we affirm. 

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, P.J.  (17 pages)

            Julie Schley appeals the district court’s entry of summary judgment dismissing her claims against Sioux County, Sioux County Deputy Sheriff Stan Oostra, Gary Schley, and the estates of Donald and Margery Schley.  She contends the district court erred in (1) granting the summary judgment motion filed by Sioux County and Deputy Oostra on her claim for false arrest; and (2) determining that her claims against the remaining defendants were barred by the “wrongful conduct” rule.  OPINION HOLDS: We affirm, finding (1) the undisputed facts establish that Deputy Oostra had probable cause under Iowa Code section 664A.6(1) (2017) to believe Julie violated a no-contact order; and (2) the district court correctly determined that Julie’s claims against the remaining defendants were barred by the “wrongful conduct” rule. 

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Greer, J. (21 pages)

            Nathen Cameron appeals his convictions and sentences for assault causing serious injury and domestic abuse assault causing bodily injury.  OPINION HOLDS: Because the district court did not abuse its discretion in allowing testimony on domestic abuse dynamics to assist the jury in understanding the first-degree-murder charge of which Cameron was eventually acquitted, the verdict for assault causing serious injury is supported by substantial evidence that Cameron either caused the victim to fall from the balcony—fracturing her skull and spine—or hit her, breaking her kneecap, and the district court did not abuse its discretion in considering that Cameron failed to accept responsibility for physically assaulting the victim.  Because the district court did not abuse its sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, Judge.  REVERSED AND REMANDED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

            On discretionary review, the State challenges the order suppressing evidence obtained following a traffic stop.  OPINION HOLDS: I. The district court erred by ignoring a published decision of this court holding that law enforcement may obtain a search warrant in lieu of invoking the statutory implied consent procedure to obtain a sample for chemical testing.  The district court’s ruling also conflicts with a recent Iowa Supreme Court decision holding that the Iowa Code authorizes search warrants for collection of bodily specimens and doing so does not violate due process and equal protection rights.  II. The officer was not required to inform the defendant of his Miranda rights before questioning him during a traffic stop because the defendant was not in custody.  We reverse the suppression ruling and remand for further proceedings. 

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A defendant appeals his sentence, alleging the district court failed to adequately state on the record the basis for the sentence imposed.  OPINION HOLDS: Under our supreme court precedent, succinct sentencing explanations satisfy Iowa Rule of Criminal Procedure 2.23(2)(g).  Because we find the sentencing court’s explanation sufficient under this permissive standard, we affirm.      

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (8 pages)

            Elmer Scheckel appeals from the dismissal of his suit seeking to invalidate a tax deed of a property that he had owned.  He argues that the district judge should have recused himself and the court lacked jurisdiction.  The City of Oelwein seeks to dismiss the appeal because Scheckel did not petition for a writ of certiorari to challenge the recusal decision.  OPINION HOLDS: We have appellate jurisdiction over this appeal because Scheckel appealed from a final order or judgment.  Scheckel failed to preserve error on the recusal issue because he did not raise it until after the district court ruled against him, dismissing his suit.  And the court did not lack jurisdiction.

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

Jerry Guy Jr. appeals his conviction for lascivious acts with a child.  He raises evidentiary challenges and argues there is insufficient evidence to support his conviction.  OPINION HOLDS: Guy failed to preserve error on his hearsay challenge.  Because the district court did not abuse its discretion in admitting exhibits 1A–1D and substantial evidence supports Guy’s conviction, we affirm.

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            An applicant for postconviction relief appeals the dismissal of his application.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

            Max Evan Meharry Stone appeals from the trial court’s finding that he is a sexually violent predator and therefore should be civilly committed pursuant to Iowa Code chapter 229A (2019).  OPINION HOLDS: Because we find that Stone’s constitutional rights were not violated, the court did not abuse its discretion in its evidentiary ruling, and sufficient evidence supports the court’s verdict, we affirm.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Badding, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A defendant appeals her conviction for operating while intoxicated, challenging the denial of her motion to suppress.  OPINION HOLDS: We find that all the facts, taken together, would allow a reasonable officer to suspect impaired driving and conclude the district court correctly denied the defendant’s motion to suppress.  Thus, we affirm her conviction.

            Appeal from the Iowa District Court for Dallas County, Charles C. Sinnard, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL. Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (10 pages)

            A subcontractor appeals a ruling determining that it breached a construction contract.  The developer cross-appeals the ruling awarding the subcontractor an offset for unbilled labor.  OPINION HOLDS: The district court’s determination that the subcontractor breached the contract is supported by substantial evidence.  The district court’s determination that the defendant is entitled to an offset is also supported by substantial evidence.

            Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (15 pages)

            Kara Shannon appeals from the decree dissolving her marriage with Chris Shannon.  She challenges the joint-physical-care placement of their children, the child-support award based on that placement, and the valuation and division of the marital property and debts.  OPINION HOLDS: Giving the district court’s thoughtful decision due deference, we agree that awarding joint physical care serves the best interests of the children.  And the joint-physical-care label is appropriate for the roughly equal parenting schedule here.  So Kara’s challenge to the child support calculation on that basis fails.  We also agree with the district court’s fact findings on the existence of a personal loan and the amount of the Discover-credit-card debt.  But Kara is correct that the property and debt division is inequitable given the parties’ circumstances because it is unequal.  We thus increase Chris’s equalization payment to Kara.  We decline to award Chris appellate attorney fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered Badding, P.J., Bower, S.J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            An applicant appeals the denial of postconviction relief.  OPINION HOLDS: Because he has failed to establish prejudice in the outcome of his trial, the applicant has not met his burden for his ineffective-assistance-of-counsel claims.

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (9 pages)

            A juvenile criminal defendant appeals his mandatory-minimum sentence for second-degree sexual abuse.  OPINION HOLDS: Because we find the district court failed to consider one of the constitutionally required juvenile-sentencing factors, we vacate the sentence and remand with directions to re-sentence and apply the required factors.  We also address Chapline’s petition for rehearing and the State’s response, and we decline to require resentencing before a different judge.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (11 pages)

            Timothy Trulson appeals from the decree dissolving his marriage to Holly Trulson.  He argues that the division of the marital property failed to accurately value Holly’s IPERS account and equitably divide the parties’ property.  OPINION HOLDS: Because neither party presented any actuarial evidence regarding the present value of the IPERS account, we conclude it must be divided using the Benson formula.  We remand to the district court to create a QDRO.  With the division of the IPERS account, recalculation of the division of property is needed.  As part of the recalculation, we award Holly’s IRA to her and raise her property-settlement payment obligation. 

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (16 pages)

            Paul and Therese Yakel appeal the district court’s grant of summary judgment dismissing their breach-of-contract, breach-of-implied-warranty, and negligent-construction claims against Randall Wheeler arising from their home-siding-replacement project.  OPINION HOLDS: The undisputed facts, including the Yakels’ repeated testimony that Wheeler was not their general contractor for the siding replacement project, shows that the Yakels’ did not contract with Wheeler to be their general contractor.  And so their breach-of-contract claim and breach-of-implied warranty claims based on the contrary theory fail as a matter of law.  Because their negligence claim also seeks to remedy their defeated expectations on the construction project, the economic-loss doctrine forecloses it as well.

            Appeal from the Iowa District Court for Des Moines County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A postconviction applicant appeals the denial of relief, asserting ineffective assistance of counsel relating to jury selection and a motion for change of venue.  OPINION HOLDS: Finding Royer did not prove counsel was ineffective, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Badding, P.J., Bower, S.J., and Carr, S.J.  Opinion by Badding, J.  (5 pages)

            An applicant appeals the summary disposition of his application for postconviction relief, claiming his sentence violates ex post facto protections.  OPINION HOLDS: Finding no ex post facto violation, we affirm the summary disposition of the applicant’s application for postconviction relief.

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

            A defendant challenges his sentences for eluding, driving while barred, and operating while intoxicated.  OPINION HOLDS: Because the court appropriately weighed the necessary factors in reaching its decision, we affirm. 

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Brian Ray Dunn appeals the sentence imposed after pleading guilty to third‑degree sexual abuse, challenging the guilty plea proceedings.  OPINION HOLDS: Because Dunn failed to preserve error by filing a motion in arrest of judgment, he has not shown good cause to appeal and we lack jurisdiction.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Greer, J.  (17 pages)

            James Bashore appeals the decree dissolving his marriage to Loriel Bashore (now known as Loriel Nordmeyer).  James challenges the district court’s admission of exhibit 26, the spousal-support provision, the child-support provision, the division of marital property, and the award of $4000 in trial attorney fees to Loriel.  Loriel asks that we affirm the district court and award her $2500 in appellate attorney fees.  OPINION HOLDS: Because exhibit 26 was inadmissible, we exclude it from our review on appeal.  We affirm the spousal-support provision, the property division, and the $4000 award of trial attorney fees to Loriel.  We reverse the district court’s determination that their child is a dependent adult and the corresponding child-support provision.  Finally, we award Loriel $2500 in appellate attorney fees. 

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A defendant appeals his discretionary sentence, challenging the use of a victim impact statement and asserting the sentencing court abused its discretion.  OPINION HOLDS: Finding error was not preserved on the victim impact statement, and the district court did not abuse its discretion in sentencing, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Nathan Wilson appeals his prison sentence stemming from the discharge of a weapon followed by a six-hour standoff with police.  Wilson pleaded guilty to reckless use of a firearm causing bodily injury, interference with official acts while armed, and intimidation with a dangerous weapon.  Wilson contends the district court should have suspended the prison sentence and instead placed him in residential treatment.  OPINION HOLDS: We find no abuse of discretion in the sentencing, thus, we affirm.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            Rocky Trujillo challenges his convictions for first-degree murder and two counts of first-degree robbery.  OPINION HOLDS: Because sufficient evidence supports all three convictions, we affirm.

            Appeal from the Iowa District Court for Dallas County, Stacy Ritchie, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, P.J.  (12 pages)

            Phillip Creese appeals the property-division provisions in the district court’s decree dissolving his marriage to Colleen Creese.  Colleen cross-appeals the court’s decision granting the parties joint physical care of their minor child and requests appellate attorney fees.  OPINION HOLDS: We affirm, finding that the district court’s valuation of the marital home was within the range of permissible evidence.  Additionally, we find the district court acted equitably in setting aside $25,000 from the value of the marital home for Phillip.  As to the physical care arrangement for the parties’ minor child, we agree with the court that joint physical care is in the best interests of the child.  Lastly, we deny Colleen’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals a discretionary sentence, urging the sentencing court had a fixed policy.  OPINION HOLDS: We find the sentencing court did not have a fixed sentencing policy and did not abuse its discretion.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (10 pages)

            A father appeals the private termination of his parental rights under Iowa Code section 600A.8 (2022).  OPINION HOLDS: Because we conclude the grounds for termination were met and the best interests of the child favor termination, we affirm.

            Appeal from the Iowa District Court for Harrison County, Charles D. Fagan, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (15 pages)

            A guardian appeals the termination of a minor guardianship.  OPINION HOLDS: We conclude the juvenile court correctly terminated the guardianship and affirm.

            Appeal from the Iowa District Court for Marion County, Brad McCall, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A debtor appeals from a ruling enforcing an unsatisfied small-claims judgment based on the limitations period.  OPINION HOLDS: Concluding small-claims actions are tried in a court of record under our unified court system and therefore subject to a twenty-year limitations period, we affirm the district court.

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

            Defendant appeals the imposition of consecutive prison sentences.  OPINION HOLDS: Because the district court gave a comprehensive statement of reasons, including acknowledging mitigating factors and reasons for imposition of consecutive terms of imprisonment, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A criminal defendant attempts to appeal an agreed-upon sentence entered following his guilty plea.  OPINION HOLDS: Because this attempted appeal is not supported by good cause, we dismiss it.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  Dissent by Ahlers, P.J.  (10 pages)

            Zachary Chelf appeals the sentence imposed following his guilty plea, alleging the State violated the plea agreement by stating he is a “good fit” for a residential correctional facility for supervised probation.  OPINION HOLDS: We find the State did not breach the plea agreement and affirm.  DISSENT ASSERTS: I would conclude the prosecutor’s sentencing recommendation for the defendant to be placed on supervised probation at a residential correctional facility went beyond the plea agreement’s joint sentencing recommendation that the defendant be placed on supervised probation.  As a result, I believe the prosecutor violated the spirit of the plea agreement and resentencing before a different judge is necessary.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, but decided by Tabor, P.J., Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, and Bower, S.J.  Opinion by Schumacher, J.  (9 pages)

            MidAmerican Energy Company appeals a dismissal of its action and claims Iowa Code chapter 480 (2022) provides a private cause of action.  OPINION HOLDS: We conclude chapter 480 does not provide for a private cause of action and the district court properly granted the motion to dismiss.  Accordingly, we affirm the district court.

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED ON APPEAL, AFFIRMED ON CROSS-APPEAL, AND REMANDED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (14 pages)

            Elias Nunez appeals, and Chelsey Nunez cross-appeals, the decree dissolving their marriage, including the provisions dividing their property and setting Elias’s visitation schedule.  Elias also appeals the district court’s refusal to hold Chelsey in contempt for violating a temporary order to make vehicle loan and insurance payments.  OPINION HOLDS: We affirm the district court’s division of their Indianola acreage’s proceeds on both the appeal and cross-appeal.  The decree appropriately permitted the parties to file separate tax returns for 2022 and equitably allocated credits and deductions.  But we agree with Elias that the decree went too far in awarding Chelsey survivorship rights in Elias’s IPERS pension and thus modify the decree to remove this provision and remand for the district court to issue a new QDRO.  The visitation schedule is in the children’s best interest.  We see no gross abuse of discretion in the district court’s refusal to hold Chelsey in contempt.  And we award Chelsey $3000 in appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (5 pages)

            A criminal defendant challenges his discretionary sentence, urging his criminal history was not part of the record.  OPINION HOLDS: We affirm because the criminal history was part of the record, and the defendant did not object to it.

            Appeal from the Iowa District Court for Iowa County, Fae Hoover Grinde, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Dr. Mark Irland appeals the granting of summary judgment and the award of damages to the defendants.  OPINION HOLDS: The district court properly granted summary judgment because Dr. Irland waived all claims arising from before the settlement agreement was enforced, and that waiver covers all of the claims he raised in this action.  Thus, we affirm the district court’s grant of summary judgment in favor of the defendants.  However, because the defendants did not provide statutory or contractual support for their award of attorney fees and the record does not show conduct that is intentional and likely aggravated by cruel and tyrannical motives to support a common law attorney fee award of damages, we reverse the district court’s attorney fee award.

            Appeal from the Iowa District Court for Warren County, William A. Price and Mark F. Schlenker, Judges.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            K.G. appeals the child-in-need-of-assistance adjudication and disposition regarding her child, D.A.  K.G. contends that the State failed to prove the grounds for adjudication and removal.  OPINION HOLDS: Because we find the State showed an imminent risk to D.A., we affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (5 pages)

            The mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The mother is not able to provide for the present and future needs of her child, and delaying termination for six more months will not correct the situation.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            The mother and father separately appeal termination of their parental rights to their children.  OPINION HOLDS: After considering the arguments put forward by both parents on appeal, we affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Jones County, Joan M. Black, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (8 pages)

            A mother appeals the termination of her parental rights, challenging the sufficiency of evidence supporting the grounds for termination and arguing termination is contrary to the child’s best interests because of the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Keokuk County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A mother appeals the establishment of guardianships for two of her children.  OPINION HOLDS: The Iowa Department of Health and Human Services made reasonable efforts towards reunification.  We do not grant the mother additional time to work toward reunification, and we agree with the juvenile court at the establishment of guardianships is in the children’s best interests.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the termination of her parental rights. OPINION HOLDS: Termination of the mother’s parental rights is supported by clear and convincing evidence under Iowa Code section 232.116(1)(h) (2023), termination is in the best interest of the child, and the application of a permissive exception is unwarranted.  We affirm.

            Appeal from the Iowa District Court for Grundy County, Daniel L. Block, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The mother does not challenge all of the statutory grounds for termination, so we find statutory grounds authorizing termination of her rights satisfied under the unchallenged grounds.  The State established that the children cannot be safely returned to the father’s custody, satisfying a statutory ground for termination of his parental rights.  Termination of the father’s rights is in the children’s best interests.  We decline to apply a permissive exception to preserve the father’s parental rights.  We do not grant either parent any additional time to work toward reunification.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (4 pages)

            A defendant appeals his convictions for eluding, driving while revoked, and leaving the scene of a personal-injury accident.  He alleges the prosecution—having more information about prospective jurors—enjoyed an unfair advantage during voir dire.  OPINION HOLDS: Because the defendant did not raise this issue until his motion for new trial, he failed to preserve error.  We thus affirm without reaching the merits of his allegation.

            Appeal from the Iowa District Court for Washington County, Michael J. Schilling and Shawn Showers, Judges.  AFFIRMED AND REMANDED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  Partial Dissent by Langholz, J.  (23 pages)

            Clint and Michelle Shalla appeal the district court decisions granting summary judgment and a directed verdict, denying extended discovery, and denying them a new trial.  OPINION HOLDS: Because we find the district court correctly applied Iowa Code section 535.17 (2018) and the principles of vicarious liability to grant summary judgment and a directed verdict, and it did not abuse its discretion in denying extended discovery or a new trial, we affirm and remand for a determination of appellate attorney fees for County Bank.  PARTIAL DISSENT ASSERTS: While I join much of the well-reasoned majority opinion, I cannot agree that the district court properly dismissed the tort claims against Chris Goerdt and Peoples Trust and Savings Bank based on Iowa Code section 535.17, a statute that makes certain agreements “not enforceable in contract law.”

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (18 pages)

            Austin Sims appeals the finding he committed second-degree sexual abuse and the admission of hearsay testimony and forensic recorded interviews under the residual hearsay exception in Iowa Rule of Evidence 5.807.  OPINION HOLDS: The trial court correctly found the video recorded forensic interviews were properly admissible under the residual hearsay exception and there was substantial evidence that Sims committed sex abuse to support the sexual violent predator determination and commitment.  Admission of other hearsay evidence, if erroneous, was harmless.  So we affirm the determination Sims committed sexual abuse. 

            Appeal from the Iowa District Court for Winnebago County, James M. Drew, Judge.  CONVICTIONS AFFIRMED; SENTENCES REVERSED AND REMANDED.  Considered by Tabor, P.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Lee Carter appeals from his convictions, sentence, and judgment for false imprisonment and sexual abuse in the third degree following a jury trial.  Carter argues the charge of false imprisonment was not proper to submit as a lesser-included offense of the original charge of kidnapping in the first degree, the trial court erred in failing to grant a mistrial due to the admission of prior bad acts evidence, and the trial court inappropriately imposed a mixed sentence of both prison and jail.  OPINION HOLDS: We affirm Carter’s convictions; we reverse his sentences and remand for resentencing.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            Jachina Hill appeals her convictions and sentences, challenging the sufficiency of the evidence supporting the finding she knowingly possessed the pills—a common element of counts I and II—and argues the court failed to provide adequate reasons on the record for the sentence imposed.  OPINION HOLDS: We affirm Hill’s convictions and sentences.

            Appeal from the Iowa District Court for Black Hawk County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A postconviction applicant appeals the denial of relief.  OPINION HOLDS: We reject the structural-error claim and affirm.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., Langholz, J., and Danilson, S.J.  Opinion by Langholz, J.  (13 pages)

            Dwight Hearing appeals the district court’s ruling that he failed to establish a new boundary line by acquiescence between K&L Properties, LLC’s farmland and his residential property.  OPINION HOLDS: We review a boundary-by-acquiescence claim under Iowa Code chapter 650 for corrections of errors of law—not de novo.  And under this proper standard of review, substantial evidence supports the district court’s finding that Hearing failed to prove by clear evidence that prior owners of the farmland acquiesced to his alleged boundary line.  

            Appeal from the Iowa District Court for Lee (South) County, Wyatt Peterson, Judge.  REVERSED AND REMANDED FOR NEW TRIAL. Considered by Tabor, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Joseph Hanson Jr. appeals his convictions following the denial of his motion to continue.  OPINION HOLDS: The district court abused its discretion when it denied the motion to continue, and Hanson established that injustice resulted.  We reverse and remand for new trial before a different judge.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher, Ahlers, Badding, and Buller, JJ.  Langholz, J., takes no part. Opinion by Bower, C.J.  (12 pages)

            The Estate of Kathleen Hazen and Steven Hazen (the Hazens) appeal the district court’s judgment entered on a jury verdict in favor of Dr. William Olson on the Hazens’ medical malpractice action.  The Hazens claim the court erred in preventing them from impeaching Dr. Olson with evidence of prior professional disciplinary matters, instructing the jury on alternative methods of treatment, and engaging in “prejudicial misconduct during trial.”  OPINION HOLDS: Upon review, we affirm.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Brandy Byrd appeals the denial of her third application for postconviction relief.  OPINION HOLDS: Finding Byrd has not established her sentence is grossly disproportionate to her crime, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Bower, C.J.  (12 pages)

            Bridget Grady appeals the district court’s order on her petition to modify the decree dissolving her marriage to Brett Word, challenging the court’s denial of her request for physical care of the parties’ child.  OPINION HOLDS: Upon review, we affirm.

Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Partial Dissent by Buller, J. (10 pages)

            A criminal defendant seeks discretionary review of a ruling on his motion in arrest of judgment and challenges the imposition of consecutive sentences.  OPINION HOLDS: We grant discretionary review of the district court’s ruling on the motion in arrest of judgment but affirm that ruling on the merits.  Finding no abuse of discretion in sentencing, we affirm the imposition of consecutive sentences.  PARTIAL DISSENT ASSERTS: Because exercising our extraordinary jurisdiction to decide the guilty-plea issue is contrary to legislative intent, an abuse of the discretion granted to us by the elected branches, and a waste of judicial resources, I dissent from granting discretionary review.  

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A defendant appeals his conviction for attempting to disarm a peace officer.  He seeks a new trial, contending the jury should have received a specific-intent instruction.  OPINION HOLDS: Because the crime only required proof of general intent, we find no error.  Thus, we affirm.

            Appeal from the Iowa District Court for Buchanan County, Alan T. Heavens, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Lanard Antonio Collins appeals the sentence imposed after his guilty plea to willful injury resulting in bodily injury as a habitual offender, contending the district court abused its sentencing discretion by relying on certain factors and imposing incarceration instead of probation.  OPINION HOLDS: Because we conclude that the district court did not abuse its discretion, we affirm Collins’s sentence.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination, argues termination is not in the child’s best interests, and requests we apply a permissive exception to termination.  OPINION HOLDS: The State established statutory grounds for termination, and termination is in the child’s best interests.  We decline to apply a permissive exception to termination.

            Appeal from the Iowa District Court for Lucas County, Erik I. Howe, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The statutory ground for termination under Iowa Code section 232.116(1)(f) (2023) was met because the mother’s ongoing substance use and inability to provide for the child’s safety demonstrated that the child could not be returned to the mother’s custody without exposure to harm.  The same issues made termination in the child’s best interests.  The mother waived her two additional claims.  We affirm.

            Appeal from the Iowa District Court for Washington County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

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

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J.  (11 pages)

            A mother and father each appeal the termination of their parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights.  We find termination of the father’s parental rights is in the children’s best interests, an exception to termination should not be applied, and it would not be in the children’s best interests to grant the father an additional extension of time.  We affirm the termination of the mother’s and father’s parental rights.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            The juvenile court terminated the father’s parental rights to M.H., born in September 2022, pursuant to Iowa Code section 232.116(1)(h) (2023).  The father appeals, arguing the State failed to prove the statutory ground because M.H. could be returned at the time of the termination trial or, alternatively, it would have been in M.H.’s best interests to establish a guardianship rather than terminate parental rights.  OPINION HOLDS: Because questions regarding the father’s sobriety and his protective capacity persist, the State proved M.H. could not be returned to the father’s custody at the time of the termination trial.  On the record before us, we cannot say the juvenile court should have established a guardianship in lieu of terminating the father’s parental rights.  We affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the district court did not abuse its discretion in denying the father’s motion for a continuance.  We also conclude the court properly denied the father’s request for a six-month extension of time for reunification efforts.  We affirm the termination of the father’s parental rights.

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

            A father appeals the termination of his parental rights to three children.  OPINION HOLDS: Clear and convincing evidence supports terminating the father’s parental rights under Iowa Code section 232.116(1)(f) (2024), and termination is in the children’s best interests.  Because none of the circumstances set out section 232.116(3) apply, we affirm.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            A criminal defendant appeals his convictions for third-degree sexual abuse.  OPINION HOLDS: We find sufficient evidence supports the convictions, and the district court did not abuse its discretion in denying Pettit’s motion for mistrial.  We affirm.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts (Trial) and Partick A. Mcelyea (Sentencing), Judges.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (6 pages)

            Jon Kucharo appeals his conviction for harassment in the first degree, arguing insufficient evidence supported the verdict and the court abused its discretion in imposing a prison sentence.  OPINION HOLDS: Because sufficient evidence supports each element of the crime, we affirm the conviction.  The challenge to the sentence is moot due to discharge of the sentence.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Datarius Spates appeals from the district court’s denial of his motion for new trial based on newly discovered evidence.  OPINION HOLDS: Because Spates failed to meet his burden to prove the affiant or purported eyewitness provided newly discovered information, nor would either likely change the trial’s result, we affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane and Jeanie Vaudt, Judges.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (17 pages)

                A husband appeals the decree dissolving his marriage, arguing the district court erred in (1) finding a premarital agreement between the parties unenforceable, (2) treating his inherited assets as marital property, (3) requiring him to be partially responsible for debt under a home equity line of credit, (4) conditioning the duration of his obligation to pay his wife’s health insurance expenses on whether he exercised his right to appeal, and (5) awarding his wife trial attorney fees.  The wife requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court on all issues except the award of trial attorney fees.  Because those fees were not supported by an itemization, we modify the decree to vacate the award and remand for reconsideration of trial attorney fees consistent with this opinion, together with the wife’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Sean Freese appeals the denial of his application for postconviction relief.  OPINION HOLDS: Freese has not shown his trial attorneys’ strategic decision to forgo a diminished responsibility defense denied him effective assistance of counsel.  There is insufficient evidence in the record to allow us to resolve a claim of ineffective assistance of postconviction-relief counsel raised for the first time on appeal.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Bert, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  Dissent by Langholz, J. (19 pages)

            Heartland Co-op (Heartland) appeals the district court’s grant of summary judgment to Nationwide Agribusiness Insurance Company, arguing the insurance policy issued to Heartland allowed it to recover for separate losses at each location, subject to the per loss coverage limit in the policy.  OPINION HOLDS: Under the terms of the policy, Heartland suffered only one loss, so we affirm. DISSENT ASSERTS:  Interpreting the text of the policy as a whole, I would hold that a business-interruption loss is tied to physical loss or damage at a specific location.  So when more than one location has physical losses, the business interruption at each of those locations is multiple losses too.  And because the $3 million limit is per loss—not per occurrence or per peril or capped by the catastrophe limit that the parties chose not to set—Heartland can claim up to $3 million for each of the business interruption losses arising from each of the physical losses at Heartland’s locations.  Even if the majority’s contrary interpretation is also reasonable, the policy is fairly susceptible to two interpretations, and this interpretation favoring the insured must thus be adopted.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Tabor, P.J.  (11 pages)

            In September 2019, Des Moines Police Officer Trudy Paulson shot Bryan Norris while responding to complaints about a homeless camp near the Racoon River.  Norris sued Paulson and the city alleging unreasonable seizure under the state constitution and common law assault.  The district court denied the city’s motion for summary judgment.  After that denial, our supreme court overruled Godfrey v. State, 898 N.W.2d 844 (Iowa 2017), which had recognized standalone suits for damages under the Iowa Constitution.  See Burnett v. Smith, 990 N.W.2d 289, 307 (Iowa 2023).  In this interlocutory appeal, the city argues that Burnett eliminated Norris’s constitutional claim.  It also contends that Officer Paulson’s use of force was reasonable under Iowa Code section 804.8 (2022).  OPINION HOLDS: On the first issue, the city is correct that Norris’s constitutional claim cannot move forward after Burnett.  On the second issue, the district court was correct in deciding the common law assault claim was for the jury to decide.  Thus, we affirm in part, reverse in part, and remand for trial on the assault claim.

            Appeal from the Iowa District Court for Hamilton County, Jennifer Miller, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., Chicchelly, J., and Gamble, S.J.  Langholz, J., takes no part.  Opinion by Bower, C.J.  (9 pages)

            Jeffery and Angela Oppedahl appeal the district court’s order dismissing their invasion-of-privacy claims against First State Bank.  OPINION HOLDS: We reverse the district court’s order granting First State Bank’s motion to dismiss and remand for further proceedings.

            Appeal from the Iowa District Court for Montgomery County, Craig M. Dreismeier, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Bower, C.J.  (15 pages)

            Scott Rolenc appeals the district court’s order recognizing his brother, Steve Rolenc, as successor trustee of their mother’s trust.  OPINION HOLDS: Upon review, we affirm the court’s order.

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (10 pages)

            James Allen Breen appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS: We agree with the PCR court’s determination that Breen was not prejudiced by any deficiencies in counsel’s performance.  We affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, III, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Todd Matthew Crosgrove challenges the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Because substantial evidence supports the verdict, we affirm his conviction.

            Appeal from the Iowa District Court for Tama County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant challenges her sentences arising from an armed assault at a social club.  She raises a due process argument and challenges the sentencing court’s discretion.  OPINION HOLDS: We find that the defendant failed to preserve error on her constitutional claim and detect no abuse of discretion on the court’s denial of a deferred judgment.  Thus, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            An applicant appeals the denial of postconviction relief related to trial counsel’s effectiveness.  OPINION HOLDS: Because the applicant failed to generate a triable issue, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Patrick Sallis appeals the denial of his motion to suppress evidence supporting his conviction for possession of a firearm as a felon and habitual offender.  OPINION HOLDS: The information in the application for the search warrant was timely and provided a sufficient nexus between criminal activity and the places to be searched.  When viewed together, the circumstances before the district court that issued the warrant provide a sufficient basis for finding the informant’s information was credible.  Because probable cause supported the search warrant, we affirm.

          Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J. (11 pages)

           Donnelle Thomas appeals his convictions and sentences, claiming the district court violated his right to a speedy trial, there was insufficient evidence to find him guilty of possession of a firearm by a felon and possession of marijuana, and the district court abused its sentencing discretion.  OPINION HOLDS: Upon review, we affirm Thomas’s convictions, but we vacate the sentencing order and remand for resentencing.

            Appeal from the Iowa District Court for Clinton County, John Telleen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            George Prentiss III appeals the summary dismissal of his fifth application for postconviction relief (PCR) following his 2002 convictions for first-degree murder and first-degree robbery.  He argues summary disposition was not appropriate because he created a genuine issue of material fact regarding whether his application contained newly-discovered evidence that would except it from the three-year time-bar.  OPINION HOLDS: Because Prentiss failed to raise a new ground of fact that allows him to avoid the statute of limitations, his fifth PCR application is time-barred and summary disposition was appropriate. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (8 pages)

            An applicant appeals the denial of his application for postconviction relief, claiming the district court erred in rejecting his claims of ineffective assistance of counsel and prosecutorial misconduct.  OPINION HOLDS: We affirm the denial of this application for postconviction relief.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (12 pages)

            Joe Lopez appeals the denial of his application for postconviction relief (PCR.)  He contends new scientific evidence on shaken baby syndrome and abuse head trauma undermines his conviction.  And he argues his criminal trial counsel was ineffective by (1) not challenging prior bad acts testimony and (2) not marshalling scientific data to rebut the State’s expert witnesses.  OPINION HOLDS: Lopez did not raise the second ineffective-assistance claim before the PCR court, so we do not address it.  We find his newly discovered evidence claim and his bad-acts ineffectiveness challenge lack merit.  So we affirm denial of PCR. 

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Erik Davila appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because he failed to prove the prejudice element of his ineffective-assistance claim, we affirm the district court’s denial of his application for postconviction relief.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (22 pages)

            Appellants challenge the district court decision annulling a writ of certiorari.  OPINION HOLDS: The district court applied the correct standard in reviewing the county board’s actions, the rezoning is not inconsistent with the county comprehensive plan, the overlay district established by the rezoning does not violate the uniformity requirement of Iowa Code section 335.4 (2022); the board decision is not an illegal zoning of agricultural property under section 335.2; the board decision does not violate Linn County Ordinance section 107-68(3)(g), Linn County Ordinance section 107-70(1)(i) does not illegally alter the county comprehensive plan; the rezoning is not a taking of the appellants’ property, and the rezoning is not illegal.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A criminal defendant challenges a suppression ruling, sufficiency of the evidence, and the sentence imposed.  OPINION HOLDS: We affirm, finding reasonable suspicion and probable cause for the stop, sufficient evidence for the conviction, and no abuse of sentencing discretion by the district court.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            A defendant appeals his conviction for assault causing serious injury.  OPINION HOLDS: The State presented substantial evidence to support the conviction and the district court did not abuse its discretion in overruling the defendant’s motion for a mistrial.  We affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (15 pages)

            An applicant appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because we find that none of the errors alleged constituted a breach of duty, Keys has failed to demonstrate ineffective assistance of his trial counsel.  And because Keys has not demonstrated a breach of his trial counsel’s duty, his cumulative error claim also fails for lack of prejudice.  We affirm.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights under Iowa Code chapter 600A (2023), arguing the mother failed to prove he abandoned the child, and that termination of his parental rights was in the child’s best interest.  OPINION HOLDS: Because the mother proved the father abandoned the child and that termination of the father’s parental rights is in the child’s best interest, we affirm.

            Appeal from the Iowa District Court for Palo Alto County, Carl J. Peterson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J. (14 pages)

            Julius De Vonte Blakeley appeals his convictions, contending insufficient evidence supports the domestic abuse assault conviction and the State violated his constitutional right to speedy trial.  OPINION HOLDS: Because we find sufficient evidence supports the domestic abuse assault conviction and we further find that his speedy‑trial right was not violated, we affirm Blakeley’s convictions.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Eric Perry appeals his conviction for operating while intoxicated.  OPINION HOLDS: The State presented substantial evidence that Perry had lost control of his bodily actions or motions to an extent, and Perry waived his challenge to juror bias and did not establish the necessity of an evidentiary hearing.  For these reasons, we affirm.

Appeal from the Iowa District Court for Cass County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, P.J.  Opinion by Schumacher, J. (14 pages)

            Defendant appeals her convictions for second-degree murder and child endangerment causing death.  OPINION HOLDS: We conclude the verdict was supported by substantial evidence.  The district court did not abuse its discretion in granting a change of venue.  The district court did not abuse its discretion in admitting evidence of a possible source of a rib injury or by denying additional trait witnesses as cumulative.  The district court did not abuse its discretion in denying the motion for a new trial.  We affirm. 

            Appeal from the Iowa District Court for Benton County, Chad Kepros, Judge.  AFFIRMED. Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            The appellants challenge a district court’s grant of summary judgment that denied their challenge to a will and argue the terms of the will create an improper restriction on the alienation of title.  They also claim the court did not follow the parties’ mediation agreement and erred by enforcing a no-contest provision contained in the will.  OPINION HOLDS: We find the district court properly granted summary judgment.  Because we affirm the grant of summary judgment, we determine the issue of the no-contest provision is moot and we render no further opinion on such issue.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (6 pages)

            A defendant appeals his sentence following is guilty plea.  OPINION HOLDS: The district court did not abuse its discretion, so we affirm.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Greer, P.J., and Chicchelly and Langholz, JJ.  Opinion by Greer, P.J.  (13 pages)

            Richard Pagel appeals the ruling denying his application for fees, costs, and expenses.  OPINION HOLDS: We vacate the district court’s ruling insofar as it denied Richard’s request for payment of fees, costs, and expenses related to his defense of the trust’s 1998 farm stock sale and remand with directions to determine if he is entitled to payment as to that challenge and the appropriate award.  We affirm as to the 2010 real estate sale as we find that the court did not abuse its discretion in disallowing fees, costs, and expenses for Richard defending against reasonable claims by the trust’s beneficiaries over his breach of the duty of loyalty and self-dealing.

            Appeal from the Iowa District Court for Jasper County, Charles C. Sinnard, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (3 pages)

            Charles Brumley appeals his sentence following his guilty plea to theft in the third degree, arguing the district court imposed an illegal sentence.  OPINION HOLDS: Because Brumley received the sentence to which he agreed pursuant to the plea agreement, he has not established good cause to appeal following his guilty plea, so we dismiss his appeal.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Defendant appeals the district court’s decision to sentence him to incarceration rather than probation.  OPINION HOLDS: The district court properly considered the relevant factors in sentencing the defendant, but the court was without authority to order the defendant to complete sex offender treatment.  Accordingly, we vacate the sentence in part and remand for the entry of a corrected sentencing order eliminating the requirement to complete sex offender treatment.

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

            A mother appeals the termination of her parental rights, challenging reasonable efforts, the use of unfounded child abuse assessments, and references to her past substance use.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  Special Concurrence by Greer, J.  (13 pages)

            A mother and child separately appeal the termination of the mother’s parental rights.  OPINION HOLDS: Because the mother continues to pose a threat to the children’s long-term best interests, we affirm termination of her rights.  SPECIAL CONCURRENCE ASSERTS: I write separately to emphasize the cracks in the safety system afforded to children like O.T., who find themselves in the child-in-need-of-assistance world.  The stated goal of reunification of families is not realistic if the mental health of a child diagnosed with serious mental-health conditions is not addressed.  We can do better, and we should do better.   

            Appeal from the Iowa District Court for Poweshiek County, Richelle Mahaffey, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father appeals a district court dispositional order that continued removal of his children from his custody and denied his motion to remove the guardian ad litem.  The mother cross-appeals the dispositional order related to concurrent jurisdiction and visitation.  OPINION HOLDS: Continued removal of the three children from the father’s custody was warranted in light of the father’s failure to address a history of physical abuse and placement with the mother was the least restrictive placement available.  The current placement is in their best interest, and it is contrary to the children’s welfare to be in their father’s custody.  We also affirm the court’s denial of the father’s motion to remove the guardian ad litem, the court’s grant of concurrent jurisdiction as to child support only, the specific visitation for the father, and allowance of supervision of the father’s visitation by the paternal grandparents.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The juvenile court acted within its discretion by denying the mother’s motion to continue the termination hearing.  Because clear and convincing evidence supports a ground for termination, termination is in the child’s best interests, and termination will not harm the child based on the strength of the parent-child bond, we affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ rights. 

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother appeals the termination of her parental rights to her twenty-month-old son.  OPINION HOLDS: Because we find the statutory ground for termination is supported, termination is in his best interests, a statutory exception does not apply, and an extension is unwarranted, we affirm. 

            Appeal from the Iowa District Court for Jefferson County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Badding, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A mother appeals the termination of her parental rights to her child, challenging the State’s reasonable efforts, statutory grounds for termination, and determination that termination is in the child’s best interests.  She also argues a six‑month extension should have been granted.  OPINION HOLDS: Because we find the statutory grounds are satisfied, termination is in the best interests of the child, and additional time is not warranted, we affirm termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Parents separately appeal the termination of their parental rights, challenging the sufficiency of evidence supporting the ground for termination and arguing termination is contrary to the child’s best interests due to the closeness of the parent-child bond.  OPINION HOLDS: We affirm the termination of both parents’ rights.

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

            A father appeals the termination of his parental rights, arguing that he should have been granted additional time to work toward reunification.  OPINION HOLDS: The juvenile court correctly denied the father’s request for additional time to work toward reunification.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Joseph Kremer contends that he was denied due process when the district court imposed judgment and sentence before he entered guilty pleas for two offenses—operating without owner’s consent and eluding—committed in September 2021.  The State concedes that those convictions postdated the judgment and sentence but argues that Kremer lacks good cause to appeal because the premature sentence was what he bargained for in the later-filed plea agreement.  OPINION HOLDS: Kremer lacks good cause to appeal because the sentence was what he bargained for in the plea agreement.  We dismiss the appeal. 

            Appeal from the Iowa District Court for Woodbury County, Sarah Crane, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (15 pages)

            A claimant appeals adverse rulings following a jury trial and post-trial motions in a legal malpractice action against the attorneys representing him in the buy-out of shares in a family-farm corporation.  OPINION HOLDS: We affirm, finding the requested instruction was not supported by the evidence, issue preclusion was appropriately decided, and the remaining motion-in-limine issue was not preserved.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            Chase Mead appeals his convictions for possession of methamphetamine with intent to deliver, failure to affix a drug tax stamp, possession of marijuana with intent to deliver, and possession of a firearm as a felon.  OPINION HOLDS: We conclude there is substantial evidence in the record to show Mead had constructive possession of the methamphetamine, marijuana, and firearm.  Also, the district court did not abuse its discretion in sentencing Mead.  We affirm his convictions and sentences.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J. (12 pages)

            William Stephenson appeals his convictions for sexual abuse in the second degree and continuous sexual abuse of a child.  OPINION HOLDS: Finding substantial evidence supports the verdicts and the district court did not abuse its discretion in denying Stephenson’s motions for mistrial, we affirm.

            Appeal from the Iowa District Court for Monroe County, Myron Gookin, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            Justin Stickrod appeals the district court’s denial of his application for postconviction relief, arguing he received ineffective assistance of counsel when his trial lawyer failed to move for a mistrial after a prospective juror claimed Stickrod confessed and was guilty during voir dire.  OPINION HOLDS: Because Stickrod has failed to establish prejudice, we affirm.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            An applicant appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because we find that trial counsel was not required to bring meritless motions for a change of venue or judgment of acquittal, object to evidence that was inextricably linked with other admissible evidence, or request jury instructions not supported by caselaw, we affirm the postconviction-relief court’s denial of his application.

            Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

Ambrashia Chrzan appeals the district court’s denial of her application for postconviction relief.  On appeal, she argues her trial counsel was ineffective because he failed to (1) move for a court-appointed expert medical witness; (2) object to or prevent introduction of prior bad acts evidence that she used drugs while pregnant; (3) investigate and present family members as witnesses to her parenting abilities; and (4) move for a change of venue.  OPINION HOLDS: We affirm, finding upon our de novo review of the record that Chrzan failed to meet her burden to prove that trial counsel was ineffective.

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (12 pages)

            A husband appeals the spousal support and valuation of a checking account in the decree dissolving his marriage.  The other spouse defends the decree and requests appellate attorney fees.  OPINION HOLDS: We affirm the decree as modified and decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            An applicant appeals a district court ruling denying his applications for postconviction relief.  OPINION HOLDS: We affirm the district court’s ruling, concluding that it properly denied the applicant’s claims of ineffective assistance of counsel.

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Bower, C.J.  (7 pages)

            Lonnie Nye appeals the district court’s denial of his petition to modify the parties’ dissolution decree, claiming his disability payments through his pension are spousal support subject to modification.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J. (14 pages)

            Raymond Showers appeals his conviction for third-degree sexual abuse, challenging the sufficiency of the evidence supporting the conviction.  OPINION HOLDS: We find that there was sufficient evidence for the jury to find that the defendant performed a sex act with the victim against her force of will, and we affirm.

            Appeal from the Iowa District Court for Bremer County, Rustin Davenport, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (14 pages)

            A limited liability company (LLC) challenges the dismissal of its petition for judicial review.  OPINION HOLDS: Because the statute at issue here—Iowa Code section 96.1A (2022)—defines wages, we are bound by its definition.  Its definition includes all remuneration received by a member of the LLC unless proportional to membership interest.  Thus, Iowa Workforce Development’s (IWD)’s determination that only the amount of remuneration one member received beyond that of the other member was wages is a correct interpretation of a provision of law, with justification, and required by law.  The calculation that IWD used to determine the amount of that remuneration that is wages was reasonable and correct.  We affirm the court’s dismissal of the LLC’s petition for judicial review.

            Appeal from the Iowa District Court for Monroe County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Duke Carter appeals the district court’s ruling in a quiet-title action rejecting his claim of ownership of a disputed parcel of land by adverse possession.  OPINION HOLDS: Assuming Carter eventually did act as owner of the disputed land, we cannot find proof of ten straight years of qualifying conduct.  Nor do we find most of Carter’s use to be hostile, as the prior owners permitted Carter to store items on the lot, and Carter has failed to show any act or event that ripened his possession from permissive to hostile.  And so, because the law favors regular title and Carter has not shown clear and positive proof of hostile, continuous possession of Lot 3, we affirm the district court’s rejection of his adverse-possession claim.

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

            The defendant appeals his conviction for first-degree murder.  OPINION HOLDS: The State presented substantial evidence that Russell did not act in self-defense because he instigated the physical altercation, escalated it, and continued it after disarming the victim.  We affirm.

            Appeal from the Iowa District Court for Lyon County, Charles Borth, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (16 pages)

            A family farming corporation—Daniels, Inc.—and its majority shareholders—three brothers and the estate of their mother—appeal the district court’s determination of the fair value of their sisters’ shares in Daniels, Inc. after it elected to buy the shares to avoid corporate dissolution under Iowa Code section 490.1434 (2021).  They argue the district court used the wrong valuation date and failed to discount the valuation for potential tax consequences and transaction costs.  OPINION HOLDS: The plain text of section 490.1434(4) presumptively sets the valuation date as the day before the sisters filed their amended petition first asserting a dissolution claim—not the day before their original petition seeking damages for common law minority-shareholder oppression.  And since a sale of the farming corporation’s assets was not imminent—or even expected ever—it was proper not to discount the corporation’s fair value for hypothetical taxes or transaction costs.  We thus affirm the district court's fair-value determination of the sisters’ shares.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by Schumacher, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Ahlers, J. (5 pages)

            Isaiah Duffield appeals the sentence imposed following his guilty plea.  OPINION HOLDS: Because Duffield cannot establish the district court committed any legal error or abused its discretion when selecting the amount of the fine, we do not disturb the fine imposed.  But because the district court did not provide any reasoning for imposing the sentence in this case consecutively to a sentence in a separate case, we must remand for resentencing as to whether the sentence should run consecutively to the other sentence.  Resentencing is to be before a different judge.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Blane, S.J.  Opinion by Bower, C.J.  (6 pages)

            Walter Mead appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: Because Mead’s PCR application was filed more than three years after his conviction was final and he asserted no ground of fact material to his substantive claim that could not have been presented within the three-year time frame, see Iowa Code § 822.3 (2022), we affirm.

            Appeal from the Iowa District Court for Worth County, Blake H. Norman, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  Dissent by Langholz, J.  (17 pages)

            A parent appeals the district court’s denial of her petition to modify her custody decree to allow her child to switch schools.  OPINION HOLDS:  Because the mother did not seek modification to receive sole legal custody, we affirm.  DISSENT ASSERTS:  I do not read In re Marriage of Frazier, 1 N.W.3d 775 (Iowa 2024), to remove a court’s authority to modify a school-district-setting provision in an order or decree when a party shows a material change in circumstances and the modification is in the child’s best interest.  And applying that proper standard here, I would reverse the district court’s denial of the modification request because the move to Riceville and enrollment of a half-sister in the Riceville school district is a material change in circumstances and attending the local school, with her half-sisters, less than two minutes away—rather than a twenty-five-minute car ride or an hour-plus car-and-bus trip to St. Ansgar—is in the daughter’s best interest.

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Dallas Hoffman appeals his convictions after a jury found him guilty of four counts of second-degree sexual abuse.  OPINION HOLDS: Because substantial evidence supports the jury’s verdicts, we affirm Hoffman’s convictions.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (5 pages)

            A defendant appeals his sentence.  He argues the court improperly considered only the nature of the offense in determining the sentence.  OPINION HOLDS: We determine no abuse of discretion by the district court and affirm.

            Appeal from the Iowa District Court for Franklin County, Rustin Davenport, Judge.  APPEAL AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS; CROSS-APPEAL AFFIRMED.  Heard by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (11 pages)

            Plaintiffs appeal and defendants cross-appeal the award of damages to plaintiffs following repairs to a drainage ditch, raising issues related to the existence of an easement, damages, and the conveyance of property.  OPINION HOLDS: Because the defendants did not abandon the easement and the district court’s award of damages fell within the permissible range of evidence and was not overly speculative, we affirm the appeal in part and affirm the cross-appeal.  We vacate and remand with directions on the property-conveyance issue.

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

            An applicant appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: The applicant’s illegal sentence claim was litigated in a prior postconviction relief action, and his claim of actual innocence is barred by the statute of limitations.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Johnson County, David Cox, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (5 pages)

            Defendant challenges his sentence, arguing an abuse of discretion by the district court. OPINION HOLDS: We determine no abuse of discretion by the district court and affirm.

            Appeal from the Iowa District Court for Dickinson County, Shane Mayer, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A mother appeals the physical-care determination made in a custodial decree, which placed physical care of her children with the children’s father.  The father requests appellate attorney fees.  OPINION HOLDS: On our review of the record and deferring to the district court’s credibility findings, we conclude that the children’s interests are best served by placing their physical care with their father.  We affirm the district court’s physical-care determination.  We do not award the father appellate attorney fees.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Alexander Knight appeals his sentences following his convictions for assault causing bodily injury and operating a motor vehicle without the owner’s consent.  OPINON HOLDS: Because the district court considered an impermissible sentencing factor, we must vacate Knight’s sentences and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Hardin County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            The plaintiffs appeal the denial and dismissal of their claims of breach of implied warranty of workmanlike construction and failure to disclose defects against the seller of a house.  OPINION HOLDS: Because the seller was not a buyer-vendor, the implied warranty of workmanlike construction is inapplicable here.  Likewise, because there was no evidence that the seller had actual knowledge of any defects and failed to disclose them, that claim also does not provide relief.  We affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

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

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Badding, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights to her children, claiming the State failed to prove the ground for termination cited by the juvenile court, termination is not in the child’s best interests, a six-month extension would eliminate the ground for termination, and the court should apply a permissive exception to preclude termination.  OPINION HOLDS: Upon review, we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Following the mother’s short-term mental-health committal for stimulant-induced psychosis, the juvenile court ordered the removal of the mother’s child, M.D., from her custody and later adjudicated M.D. in need of assistance pursuant to Iowa Code section 232.96A(3)(a), (3)(b), and (14) (2023).  The mother challenges M.D.’s initial removal and whether the State proved the grounds for adjudication.  OPINION HOLDS: Because any deficiencies in the removal proceedings were rendered moot by the entry of a subsequent dispositional order, we do not consider the mother’s challenge of that issue.  We affirm adjudication of M.D. on all three grounds. 

            Appeal from the Iowa District Court for Humboldt County, Hans Becker, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            A mother appeals the termination of her parental rights.  She argues termination is not in the child’s best interests and the court should have applied a permissive exception to preclude termination.  OPINION HOLDS: Termination is in the child’s best interests, and we decline to apply a permissive exception to termination.

            Appeal from the Iowa District Court for Appanoose County, Richelle Mahaffey, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find the termination of the mother’s parental rights is supported by clear and convincing evidence, termination is in the child’s best interests, and an exception to termination should not be applied.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The mother did not preserve error on her reasonable efforts challenge or her argument that the juvenile court should have considered terminating her rights to only one or two of the children rather than all three.  The State presented clear and convincing evidence to support the statutory ground for termination of the father’s rights, and termination of his parental rights was in the children’s best interests.  For these reasons, we affirm on both appeals.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A mother appeals the termination of her parental rights to her six-year-old son, A.C.  OPINION HOLDS: The State proved grounds for termination by clear and convincing evidence, and termination is in A.C.’s best interests, so we affirm.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Clear and convincing evidence supports terminating the mother’s parental rights under Iowa Code section 232.116(1)(h) (2024).  Because granting the mother additional time will not change the need for the child’s removal and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Washington County, Shawn Showers, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (11 pages)

            The plaintiffs in a will contest appeal the orders directing the clerk of court to hold funds subject to an attorney’s lien until ownership is determined.  OPINION HOLDS: Because ownership of the funds is disputed, the court did not abuse its discretion by ordering the clerk of court to hold the funds in trust pending a legal determination of ownership or a valid release of the attorney’s lien.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Mark Fishler appeals his conviction for first-degree murder.  OPINION HOLDS: Fishler failed to preserve error on his Brady claim.  Because substantial evidence supports his conviction, juror bias did not deprive him of a fair trial by an impartial jury, and the greater weight of the credible evidence supports the jury’s verdict, we affirm.

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Mullins, S.J.  Opinion by Mullins, S.J. (11 pages)

            Sharon Collins appeals her convictions on two counts of child endangerment and the sentences imposed.  As to the convictions, she argues the evidence was insufficient to support one of the alternative theories for guilt.  In relation to this challenge, she argues the savings statute for general verdicts—Iowa Code section 814.28 (2021)—is unconstitutional, and she is therefore entitled to a new trial.  As to the sentences, Sharon argues the “court impermissibly considered the [presentence investigation report’s] references to [her] difficulties with problem solving and decision-making as aggravating rather than mitigating factors.”  OPINION HOLDS: We affirm the convictions as supported by substantial evidence.  As a result, we need not address the challenge to the constitutionality of Iowa Code section 814.28.  Finding no abuse of discretion in sentencing, we affirm the sentences imposed.

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            Michael McPeek Jr. appeals from the denial of his application for postconviction relief, arguing he was deprived of effective assistance of counsel.  OPINION HOLDS: Because McPeek’s trial counsel did not breach any essential duty, nor was McPeek prejudiced by appellate counsel’s form-of-review error, we affirm.

            Appeal from the Iowa District Court for Washington County, Shawn Showers, Judge.  APPEAL DISMISSED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            The plaintiffs in a will contest appeal the order approving the executor’s final report and closing the estate.  OPINION HOLDS: Because the claims the plaintiffs raise on appeal concern an earlier order of the probate court that was not appealed, we dismiss for lack of jurisdiction.

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (23 pages)

            Douglas Arthur Hagenow appeals his convictions for sexual abuse, challenging the sufficiency of the evidence supporting the convictions and contending the district court abused its discretion when ruling on his pretrial motions.  OPINION HOLDS: Because there is sufficient evidence for the convictions and the district court did not abuse its discretion in denying the motions, we affirm.

            Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART, SENTENCES AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Partial dissent by Buller, J. (24 pages)

            Milton Bokemeyer appeals his convictions and sentences for drug and firearm offenses, claiming the State presented insufficient evidence that he possessed psilocybin, failed to affix drug tax stamps, or possessed a firearm.  Bokemeyer alternatively claims that the evidence only supports one conviction for possessing a firearm in violation of Iowa Code section 724.26 (2021).  OPINION HOLDS: Because we find there was insufficient evidence to support Bokemeyer’s convictions for possession of psilocybin and failure to affix dug tax stamps, we reverse these convictions.  Additionally, while we find sufficient evidence that Bokemeyer possessed a firearm, we agree that he could properly be convicted of only one violation of section 724.26, so we reverse one of his convictions under that statute.  This leaves Bokemeyer with convictions for possession of methamphetamine, manufacturing marijuana while in possession of a firearm, and one count of possession of a firearm under section 724.26.  Because the district court imposed consecutive sentences on two of Bokemeyer’s convictions—one of which we have reversed—we vacate the sentences on the remaining convictions and remand for resentencing.  PARTIAL DISSENT ASSERTS: I dissent in part because the video and photo evidence was sufficient to prove a tax-stamp violation for the methamphetamine.  I also disagree with the majority’s reliance on what I consider outdated and wrongly decided unpublished cases. 

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Dennis Ruppe appeals his convictions for attempted murder, willful injury causing serious injury, assault while displaying a dangerous weapon, and criminal mischief.  OPINION HOLDS: We do not address Ruppe’s claim he received ineffective assistance of counsel while the court was polling the jury, as we do not address claims of ineffective assistance in a direct appeal.  Ruppe did not file a pretrial objection to the venue and this issue is therefore waived.  The district court did not abuse its discretion in denying Ruppe’s motion for a new trial.  We affirm Ruppe’s convictions.

            Appeal from the Iowa District Court for Hardin County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            The defendant appeals his convictions for second-degree sexual abuse, lascivious acts with a minor, and third-degree sexual abuse.  OPINION HOLDS: Because the State’s expert witness did not impermissibly vouch for the credibility of the child victim and there was substantial evidence presented to support the convictions, we affirm.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (17 pages)

            Denice Smith and her employer appeal from a medical malpractice verdict against them arising from her care of Fatima Belhak following an episiotomy performed during the birth of Belhak’s first child.  Smith seeks a new trial because of insufficient evidence of causation for one of the three specifications of negligence submitted to the jury and because of attorney misconduct during closing arguments and the rest of the trial.  OPINION HOLDS: Because Belhak’s expert witness did not testify that the size of suture was more likely than not a cause of Belhak’s injury, the suture specification should not have been submitted to the jury.  And Smith properly preserved error on this issue by moving for a directed verdict and raising it again in her posttrial motion for a new trial.  It matters not that she agreed to the jury instruction.  Smith is thus entitled to a new trial on this basis alone, and we need not address whether the conduct of Belhak’s counsel would also warrant a new trial.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (15 pages)

            John Feller appeals the denial of his application to modify sex offender registry requirements.  OPINION HOLDS: Although it is a difficult case, substantial evidence supports the district court’s decision that Feller’s risk of reoffense and the interests of public safety require that he continue placement on the registry at this time.  So we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (17 pages)

            Some owners of the Fox Prairie Plaza appeal the district court’s grant of summary judgment dismissing their breach-of-contract suit against Walters Companies, Inc.—the original developer and general contractor that built the Fox Prairie Plaza—under an assignment of a construction contract that Walters allegedly made with itself.  OPINION HOLDS: Because the owners presented no evidence from which a jury could find that they obtained a valid assignment of a right to sue Walters under Walters’s alleged contract with itself, their breach-of-contract claim fails. 

            Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            An applicant appeals the denial of postconviction relief.  OPINION HOLDS: Finding trial counsel did not render ineffective assistance, we affirm.

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Christy Gainvors failed to pay the outstanding balance on her charge account, which she allegedly opened and charged at her prior place of employment without proper authorization.  A jury convicted Gainvors of theft in the third degree.  She now appeals her conviction, challenging the sufficiency of the evidence.  OPINION HOLDS: Finding the verdict is supported by substantial evidence, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  Dissent by Buller, J.  (5 pages)

            A defendant appeals his sentence for assault causing bodily injury.  OPINION HOLDS: Finding that the district court sentenced the defendant according to his plea agreement but included the wrong assault title and code section in the judgment order, we affirm the conviction and remand for the district court to amend the judgment to reflect the correct offense.  DISSENT ASSERTS: Because the elected branches did not intend for us to find “good cause” to correct typos, I dissent.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (16 pages)

            Emerson Saul was injured at a Seaboard Triumph Foods, LLC pork processing plant, where he was a temporary employee, while employed by a staffing agency.  He appeals the district court’s grant of summary judgment to Seaboard Triumph, dismissing his negligence lawsuit over his workplace injury after holding that Seaboard Triumph was also his employer.  OPINION HOLDS: Seaboard Triumph presented strong evidence supporting its motion for summary judgment from which a factfinder could conclude that it was Saul’s second employer.  But we cannot say that this is the only reasonable conclusion a factfinder could reach from the evidence—especially given that Seaboard Triumph’s human resources manager testified that Saul was not Seaboard Triumph’s employee.  The district court thus erred in granting summary judgment.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (5 pages)

            Curtis Jones appeals the summary disposition of his application for postconviction relief.  He argues that his trial counsel was ineffective when arguing against a motion to strike a potential juror for cause and appellate counsel was ineffective for failing to raise the issue.  OPINION HOLDS: Because the potential juror had a felony conviction, under the Iowa Rules of Criminal Procedure in effect at the time of trial, the district court was required to grant the motion to strike for cause.  Trial and appellate counsel did not provide ineffective assistance.  Summary disposition of the application for postconviction relief was properly granted.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  Special Concurrence by Greer, P.J.  (28 pages)

            A deceased independent contractor and his family challenge the grant of summary judgment for a land possessor in a premises-liability action.  OPINION HOLDS: Because the district court applied the incorrect duty of care and we do not modify the duty of care of land possessors, we reverse and remand with directions to apply the correct duty of care owed by land possessors to entrants.  SPECIAL CONCURRENCE ASSERTS: I agree with the majority that this case should be remanded for further consideration but disagree over what we should direct the district court to do.  In my opinion, the court must revisit Alcoa, Inc.’s (Alcoa) potential liability under both the land possessor-entrant theory and the employer-independent contractor theory without separating the two—as Charles Beverage was both an entrant and the employee of Alcoa’s independent contractor at the same time.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  APPEAL DISMISSED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (8 pages)

            Aspire of Pleasant Valley appeals the district court’s order dismissing its claim against an agent under her mother’s power of attorney.  OPINION HOLDS: Because the person named as agent in the power of attorney does not and cannot serve as agent any longer, the issue whether an agent can be sued in the agent’s representative capacity is now moot.  As neither the voluntary-cessation or public-importance exceptions to the mootness doctrine apply, we dismiss the appeal.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Buller, J., takes no part.  Opinion by Greer, J.  (4 pages)

            Daniel Penticoff appeals from the denial of his application for postconviction relief.  OPINION HOLDS: Penticoff cannot establish by clear and convincing evidence that no reasonable factfinder could find him guilty of first-degree robbery; we affirm. 

            Appeal from the Iowa District Court for Adams County, Brad McCall, Judge.  AFFIRMED ON APPEAL; AFFIRMED AND REMANDED WITH DIRECTIONS ON CROSS-APPEAL.  Heard by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (18 pages)

            Parties appeal and cross-appeal the district court’s remand ruling on remedies in an employment-contract dispute.  OPINION HOLDS: We affirm on the employee’s appeal, concluding she did not meet her burden to prove the liquidated-damages clause constituted a penalty and was therefore unenforceable.  On the employer’s cross-appeal, we find the affirmative-defense and burden-shifting argument was not preserved and substantial evidence supports the court’s conclusion on the amount of damages.  We affirm and remand the issue of appellate attorney fees to the district court, to be considered with its determination of trial attorney fees.

            Appeal from the Iowa District Court for Lucas County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A criminal defendant appeals his conviction, challenging denial of his motion to suppress.  OPINION HOLDS: Because the traffic stop was supported by probable cause and reasonable suspicion, we affirm.

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II, Judge.  CONVICTIONS AFFIRMED AND SENTENCES VACATED IN PART.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J. (8 pages)           

            John West was convicted of third-degree sexual abuse, lascivious acts with a child, and false imprisonment.  On appeal, he challenges the sufficiency of the evidence supporting the confinement element of his conviction for false imprisonment.  Additionally, he challenges a portion of his sentences requiring him to complete sex offender treatment.  OPINION HOLDS: Finding that the evidence was sufficient to convince a rational jury beyond a reasonable doubt that West confined the victim, we affirm his conviction for false imprisonment.  And because we find that the district court exceeded its authority by ordering West to complete sex offender treatment, we vacate this part of his sentences. 

            Appeal from the Iowa District Court for Osceola County, Carl J.  Petersen, Judge.   AFFIRMED.   Considered by Bower, C.J., Langholz, J., and Potterfield, S.J.   Opinion by Langholz, J.   (8 pages)

            Plaintiff Hard Rappen Ranch, LLC, appeals the dismissal of his suit with prejudice after he repeatedly failed to pay the defendant’s venue-change attorney fees ordered under Iowa Rule of Civil Procedure 1.808.  OPINION HOLDS: Considering Hard Rappen’s willful noncompliance—it offered no viable justification for its venue jockeying, nor any credible explanation for twice disregarding the court’s order—and affording due weight to the district court’s discretion, we affirm.

            Appeal from the Iowa District Court for Jasper County, Charles Sinnard, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (14 pages)

            A moving company challenges a district court order granting plaintiff’s motion to substitute parties in a personal injury case.  OPINION HOLDS: Because the right defendant had notice of the plaintiff’s misnomer from the start, we find the district court properly allowed him to amend his pleadings.  Thus, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Badding, J.  (6 pages)

Sam Sando appeals the sentence imposed on his conviction following the revocation of his deferred judgment.  OPINION HOLDS: Finding no affirmative showing of an abuse of discretion or defect in the sentencing procedure, we affirm the sentence imposed.

            Appeal from the Iowa District Court for Jackson County, Meghan Corbin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (7 pages)

            Louis Cubbage appeals his sentence for willful injury causing bodily injury, arguing that the district court considered and relied on an improper sentencing factor when it stated that he “almost killed” his victim.  OPINION HOLDS: Because we find that the district court improperly considered unproven activity that was unsupported by the record when it stated Cubbage “almost killed” his victim, we vacate his sentence and remand for resentencing in front of a different judge.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Mohammed Baduruddin Hussain appeals his sentences after pleading guilty to two counts of third-degree sexual abuse.  OPINION HOLDS: The court did not rely on an impermissible sentencing factor by considering the need for punishment.  Because the court acted within its discretion when it imposed consecutive sentences, we affirm.

            Appeal from the Iowa District Court for Jackson County, Meghan Corbin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Dissent by Buller, J.  (8 pages)

            Louis Cubbage appeals his sentence for driving while barred. OPINION HOLDS: We conclude that Cubbage’s sentence for driving while barred should be vacated and this case remanded for resentencing with a companion case in which he was sentenced for willful injury resulting in bodily injury.  By imposing concurrent sentences, without much mention of the driving-while-barred conviction, we conclude the district court considered the sentences to be interconnected.  We accordingly vacate the sentence for driving while barred without further opinion and remand for resentencing in front of a different judge.  DISSENT ASSERTS: Because the majority decides an unbriefed issue, bypasses the supreme court’s denial of a motion to consolidate, and applies inapposite case law from combined sentencing appeals, I dissent.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            Read Cowern appeals from a district court order modifying the joint-physical-care provision of the decree dissolving his marriage with Brandis Cowern.  He argues that rather than placing their children in Brandis’s physical care, the court should have placed them in his care or increased the amount of his visitation.  OPINION HOLDS: Discord between the parents amounted to a substantial change in circumstances warranting modifying the physical-care provision of the decree.  And placement with Brandis and the modified care schedule serves the best interests of the children by creating more stability for the children and reducing points of conflict between the parents.  We also award Brandis appellate attorney fees.   

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J. (6 pages)

            Tyler Michael Fontanini appeals the sentences imposed by the district court after pleading guilty, contending that the sentencing court abused its discretion by failing to consider certain mitigating factors.  OPINION HOLDS: Because we find no abuse of discretion, we affirm the sentences.

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Bower, C.J.  (12 pages)

            Nordstrom, Inc. appeals the district court’s order affirming the decision of the workers’ compensation commissioner awarding industrial disability benefits to Pamela Carmer for injuries to Carmer’s shoulders.  OPINION HOLDS: Upon review, we affirm in part, reverse in part, and remand with instructions.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            A father appeals the termination of his parental rights to three children, claiming the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the children’s best interests, a six-month extension would eliminate the grounds for termination, and the court should apply a permissive exception to preclude termination.  OPINION HOLDS: Upon review, we affirm.

            Appeal from the Iowa District Court for Ringgold County, Monty Franklin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (13 pages)

            A father appeals the termination of his parental rights, challenging the grounds for termination and arguing termination is not in the child’s best interests, the State did not provide reasonable efforts towards reunification, a permissive exception to termination should have been applied, and the court should have given him another six months for reunification.  OPINION HOLDS: We affirm. SPECIAL CONCURRENCE ASSERTS: I disagree that the juvenile court’s termination of the father’s parental rights under Iowa Code section 232.116(1)(b) (2023) allows us to avoid addressing his reasonable-efforts argument.  Although we often state reasonable efforts are not a “strict substantive requirement of termination,” In re C.B., 611 N.W.2d 489, 493 (Iowa 2000), once the juvenile court transfers custody of a child to the department of health and human services, the department must make reasonable efforts to return the child safely home unless the court waives that requirement.  Iowa Code § 232.102(4)(b).  In my view, it is time for our supreme court to clarify the “strict substantive requirement” reference in C.B. and correct our court’s practice of snubbing reasonable-efforts claims in cases where the juvenile court terminates based on paragraph (b).  I would address the father’s reasonable efforts challenge and find that his request was untimely.  So I concur on the ultimate result. 

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: The mother did not challenge termination under Iowa Code section 232.116(1)(f) (2023), so we summarily conclude there is clear and convincing evidence for termination under that section.  Termination is in the children’s best interests because of the mother’s inability to provide these children with safety and a permanent home.  The permissive exception in section 232.116(3)(a) is inapplicable because the children are not in the legal custody of a relative, and we do not find that the need for termination will no longer exist in six months.  We affirm.

            Appeal from the Iowa District Court for Grundy County, Daniel L. Block, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  Partial Dissent by Buller, J.  (21 pages)

            A father appeals the termination of his parental rights raising six distinct arguments.  OPINION HOLDS: We find the father’s arguments meritorious in three respects.  First, we agree that the guardian ad litem’s reports did not comply with statutory requirements and cannot be relied on to support the termination order.  Second, we find the father was making sufficient progress in the case to warrant an extension of six months to work toward reunification.  Third, we find the department should have performed additional drug testing to determine whether the father’s mental-health medications were giving false positive results as part of its obligation to make reasonable efforts toward reunifying the family.  So we reverse the termination order and remand for further proceedings.  PARTIAL DISSENT ASSERTS: Because I would find error was not preserved on the guardian ad litem issue and I believe the majority’s remedy suggestion carries negative consequences contrary to legislative intent, I dissent in part.

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

            Parents separately appeal the termination of their parental rights, the mother to three children and the father to one child.  OPINION HOLDS: We affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (11 pages)

            Reginald Little appeals his conviction for first-degree murder under a theory of felony murder, with the underlying felony being first-degree robbery.  OPINION HOLDS: We find there is substantial evidence in the record to show first-degree robbery was committed by another person and Little aided and abetted, or engaged in joint criminal conduct, with this person.  We also find the district court did not abuse its discretion in denying Little’s motion for a new trial.  We affirm Little’s conviction.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (11 pages)

            Lamont Llyod appeals his conviction for domestic abuse assault, third or subsequent offense, challenging the district court’s denial of his motions in limine and for mistrial.  OPINION HOLDS: Upon our review we affirm.

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            A defendant challenges the denial of his motion for a new trial on weight-of-the-evidence grounds.  OPINION HOLDS: Finding no abuse of discretion in the denial of the new-trial motion, we affirm.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A criminal defendant appeals his convictions for assault causing bodily injury and criminal mischief in the fourth degree, claiming the State presented insufficient evidence of his specific intent for each offense.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Alvonni Stone appeals his convictions for first-degree robbery and first-degree burglary, challenging the sufficiency of the evidence.  OPINION HOLDS: Stone’s convictions are supported by sufficient evidence.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            D’iona Wilson-Bass appeals the revocation of her deferred judgment and the sentence imposed.  She claims the court incorrectly believed it was adjudicating multiple allegations of probation violations and abused its discretion by considering those prior violations at sentencing and failing to consider mitigating sentencing factors.  OPINION HOLDS: The court understood what probation violations it was to adjudicate.  The court properly considered Wilson-Bass’s prior violations when adjudicating the most recent report of violation because it informed the court what services had already been offered to Wilson-Bass and had been unsuccessful.  The court did not abuse its discretion when it revoked Wilson-Bass’s deferred judgment following her violation of the terms of her probation.  The court also did not abuse its discretion when it considered her history of probation violations when imposing sentencing, and it adequately explained why it selected the chosen sentence.

            Appeal from the Iowa District Court for Jasper County, Stacy Ritchie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            Siobhan Foster appeals the district court’s denial of her application for postconviction relief.  She claims there was not a sufficient factual basis for her guilty plea and her trial counsel was ineffective in failing to file a motion in arrest of judgment.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (3 pages)

            A defendant appeals his criminal convictions, contending the prior testimony of an unavailable witness was improperly admitted in violation of his Sixth Amendment right to confrontation.  OPINION HOLDS: We agree with the State that the defendant failed to preserve error and affirm.

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel and Joel W. Barrows, Judges.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (19 pages)

Nicolas Heims appeals his convictions for sexual abuse in the third degree, assault causing bodily injury, willful injury causing bodily injury, and criminal mischief in the fourth degree.  He argues his retrial after a mistrial violated his double-jeopardy rights, the court erred by allowing amendment to the trial information, insufficient evidence supports his conviction for criminal mischief, and he should have been granted a new trial on the charges of sexual abuse in the third degree, assault causing bodily injury, and willful injury causing bodily injury because the verdicts were against the weight of the evidence.  OPINION HOLDS: Because the prosecutor did not intentionally goad Heims into moving for a mistrial, retrial did not violate his double-jeopardy rights.  Heims waived any objection to the amendment to the trial information.  His convictions are supported by sufficient evidence.  The district court did not abuse its discretion in finding the weight of the evidence did not preponderate against the convictions for sexual abuse, assault causing bodily injury, and willful injury causing bodily injury.  We affirm Heims’s convictions.

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (15 pages)

            Jason Tate appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm, finding Tate has not established that (1) he was prejudiced by trial counsel’s alleged failure to communicate a plea offer; (2) trial counsel breached an essential duty by failing to sever two of his charges; (3) he was prejudiced by the defense expert witness’s failure to examine the weapon used in the shooting; (4) he was prejudiced due to a juror being shown on television; (5) trial counsel had an actual conflict of interest; and (6) the cumulative effect of these errors resulted in prejudice.

            Appeal from the Iowa District Court for Woodbury County, Timothy T. Jarman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

Following her conviction for operating while intoxicated, Victoria Dawdy appeals the denial of her motion to suppress, claiming the warrant authorizing a blood draw was not supported by probable cause in violation of the federal and state constitutions.  OPINION HOLDS: The totality of the facts in the warrant application would allow a person of reasonable prudence to believe that Dawdy was operating while intoxicated.  The issuing magistrate therefore had a substantial basis to conclude probable cause existed.  We accordingly affirm the district court’s denial of Dawdy’s motion to suppress.

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Akuk Akok appeals the denial of his applications for postconviction relief, claiming his trial counsel were ineffective in two different cases.  OPINION HOLDS: We affirm. 

            Appeal from the Iowa District Court for Washington County, Shawn Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

A defendant appeals his convictions for possession of methamphetamine and being a person ineligible to carry dangerous weapons, arguing his constitutional rights were violated because the so-called search of his vehicle was not supported by probable cause.  OPINION HOLDS: Finding the defendant’s challenge to his convictions was not preserved, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (14 pages)

            Eric Hennings, in his official trustee and individual capacities, appeals the district court’s ruling denying his petition for authority to sell real estate belonging to the Herthel C. Uhl Revocable Trust to himself.  OPINION HOLDS: We affirm the district court’s denial of the petition for authority to sell real estate and remand with directions for the court to resolve the objecting beneficiaries’ request for appellate attorney fees and costs.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Defendant appeals his conviction for second-degree murder, asserting the district court should not have admitted certain evidence.  OPINION HOLDS: We conclude the district court did not abuse its discretion in admitting evidence of deceased cattle and farm equipment in disuse and disrepair.  And even if the admission of the evidence were in error, such admission was harmless in the face of overwhelming evidence of the defendant’s guilt.  We affirm.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A defendant appeals his convictions for operating while intoxicated, third offense, and interference with official acts causing bodily injury, challenging the denial of his motion in arrest of judgment.  OPINION HOLDS: Because the record contains a factual basis to support Trotter’s guilty pleas and Trotter failed to present clear and convincing evidence of his actual innocence, the district court did not abuse its discretion in denying his motion in arrest of judgment.  We affirm.

            Appeal from the Iowa District Court for Woodbury County, Mark Cord, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Langholz, J., and Carr, S.J.  Opinion by Langholz, J.  (6 pages)

            A mother appeals from the denial of her petition to terminate the parental rights of her son’s father because she failed to prove abandonment.  OPINION HOLDS: Given the relatively short period without contact and the medical condition that prevented the contact, we cannot say that the mother has met her heavy burden to prove abandonment by clear and convincing evidence.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  Dissent by Buller, J.  (9 pages)

            Christopher Kackley appeals his sentence, arguing the district court gave no explanation for sending him to prison.  OPINION HOLDS: The court’s omission prevents us from reviewing its exercise of discretion.  Under Iowa Rule of Criminal Procedure 2.23(3)(d), we vacate the sentence and remand for resentencing.  DISSENT ASSERTS: Because I would find the reasons for sentence in the written order were sufficient to permit appellate review and I am not convinced those written reasons were “boilerplate,” I dissent.

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            An applicant appeals the denial of postconviction relief, contending he was not adequately advised about a mandatory minimum and that counsel should have advocated differently at sentencing.  OPINION HOLDS: We affirm, rejecting the plea-advice claim on the merits and finding the sentencing challenge unpreserved.

            Appeal from the Iowa District Court for Carroll County, Derek Johnson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Raymond Miller appeals the denial of his application for postconviction relief, raising claims of ineffective assistance of trial and postconviction counsel.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Carr, S.J.  Schumacher, J., takes no part.  Opinion by Carr, S.J.  (8 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS: We find the termination is supported by clear and convincing evidence and is in the children’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Justice Lee Hill challenges his convictions for animal abuse after pleading guilty.  OPINION HOLDS: Because no good cause exists to hear Hill’s appeal and we decline to grant discretionary review, we lack jurisdiction and must dismiss.

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (16 pages)

            A mother and a father (J.C.) separately appeal the termination of their parental rights.  OPINION HOLDS: Because after our de novo review of the record we conclude that a statutory ground for termination was met as to each child and the mother has waived her challenges to reasonable efforts and the best interests of the children, we affirm the termination of her parental rights.  We also affirm the termination of J.C.’s parental rights to S.C., holding that a statutory ground for termination was proved by clear and convincing evidence, termination is in S.C.'s best interests, the department made reasonable efforts at reunification, and the strength of J.C.’s bond with S.C. does not overcome the advantage of termination.

            Appeal from the Iowa District Court for Adair County, Monty Franklin, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (6 pages).

            A mother appeals the dispositional order in a child-in-need-of-assistance proceeding.  OPINION HOLDS: Finding sufficient evidence was presented for the modification and that modification was in the best interest of the child, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (7 pages)

            Parents separately appeal the termination of their parental rights to three children.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds, and she requests we apply a permissive exception to termination and establish a guardianship for the child.  OPINION HOLDS: The State established a statutory ground authorizing termination.  We decline to apply a permissive exception to termination or to establish a guardianship.

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

            A mother appeals the termination of her parental rights.  She challenges the sufficiency of evidence supporting the grounds for termination and argues termination is contrary to the child’s best interests due to the closeness of the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED. on both appeals.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A father and a mother each appeal the termination of their parental rights.  The father challenges the statutory grounds and argues that termination is not in the children’s best interests.  The mother also raises a best-interests claim, invokes the exception for a child over ten who objects to termination, and lobbies for a guardianship.  OPINION HOLDS: Finding no merit to the parents’ claims, we affirm the order in both appeals.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (17 pages)

            A defendant appeals his convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing serious injury.  He contests the weight of the evidence supporting his convictions.  He also renews his hearsay objections to the admission of his phone conversation with his sister and the recorded statements of the severed defendants.  In another evidentiary challenge, he urges that the district court abused its discretion in allowing expert testimony from a police detective.  Lastly, he argues the court abused its discretion in failing to remove a crying juror.  OPINION HOLDS: After a careful review of the defendant’s claims, we find no grounds to grant a new trial and affirm.

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

            Atiba Spellman appeals the grant of summary judgment and dismissal of his application for postconviction relief (PCR).  Spellman contends the court should not have granted the State’s motion for summary judgment and dismiss his application for PCR and his PCR counsel was ineffective for failing to “timely depose trial counsel.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Greer, J.  (4 pages)

            A defendant appeals the sentence imposed following his conviction for failure to register as a sex offender, second or subsequent offense.  OPINION HOLDS: Because the sentence imposed by the district court was the product of the parties’ agreement, the court did not need to provide additional reasons for the sentence.  We affirm.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            Stechcon appeals his convictions of willful injury causing bodily injury and false imprisonment, arguing (1) the district court should have granted his motion for mistrial after one of the State’s witnesses violated the court’s ruling on the motion in limine prohibiting witnesses from referencing that Stechcon had been in legal trouble before and “would spend seventeen more years locked up” and (2) the court erred in giving a jury instruction on general intent because it was not applicable to any of the charged offenses.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion for mistrial and any alleged error in providing the general-intent instruction was harmless.  We affirm.

            Appeal from the Iowa District Court for Boone County, Christopher C. Polking, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (8 pages)

            Tommy Gene Collins appeals his convictions for sexual abuse in the second degree, sexual abuse in the third degree, and continuous sexual abuse of a child, arguing the district court improperly excluded evidence that he offered to be interviewed by law enforcement and that the district court should have required the State to provide specifics of the alleged acts supporting each charge.  OPINION HOLDS: Because the district court did not abuse its discretion when it excluded evidence that Collins offered to be interviewed by law enforcement, Collins did not present an issue for our review regarding his request for specificity, and Collins received a fair trial, we affirm.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Tommy Quinn Jr. appeals his conviction of assault causing bodily injury, alleging his waiver of counsel was not knowing and intelligent as required under the Sixth Amendment.  OPINION HOLDS: Because the court engaged in a meaningful colloquy with Quinn regarding his desire to waive counsel, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (14 pages)

            Clinton Fichter appeals the economic provisions of the parties’ dissolution decree and Monica Fichter cross-appeals on the issue of spousal support.  OPINION HOLDS: We affirm the decree on the issues of property division, child support, and spousal support.  We eliminate the requirement on future modifications by Clinton concerning his income.  And we deny Monica’s request for appellate attorney fees.  Accordingly, we affirm the appeal as modified and affirm on the cross-appeal.

            Appeal from the Iowa District Court for Scott County, Kimberly K. Shepherd, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (8 pages)

            The defendant challenges the admission of prior-bad-acts evidence in his trial for domestic abuse assault causing bodily injury.  OPINION HOLDS: Finding no abuse of discretion in the district court’s admission of the prior-bad-acts evidence, we affirm.

            Appeal from the Iowa District Court for Boone County, Bethany Currie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Heather Swanson appeals the district court’s denial of her application for postconviction relief, claiming her trial counsel was ineffective by failing to move for dismissal based on a speedy-indictment violation and by failing to pursue a claim of law enforcement bias.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Schumacher, P.J. (6 pages)

            Defendant appeals his conviction for first-degree murder, arguing the State failed to present sufficient evidence to show that he acted with malice aforethought.  OPINION HOLDS: Because there was substantial evidence presented for a rational trier of fact to find beyond a reasonable doubt the defendant acted with malice aforethought, we affirm.

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

            A defendant appeals her sentence following her guilty plea.  She claims the district court abused its discretion by failing to adequately consider mitigating sentencing factors.  OPINION HOLDS: A review of the record reveals that the district court did consider the mitigating factors highlighted by the defendant.  The district court thoroughly and thoughtfully considered and weighed relevant factors to arrive at a reasonable sentencing decision and did not abuse its discretion when doing so.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Potterfield, S.J.  Buller, J., takes no part.  Opinion by Chicchelly, J.  (4 pages)

            Troy Williams appeals the order granting summary dismissal of his second application for postconviction relief.  OPINION HOLDS: Because the Iowa Supreme Court affirmed the denial of Williams’s first PCR application on the merits, Williams is precluded from relitigating those claims here.  His PCR counsel was not ineffective by failing to raise a meritless claim.  We therefore affirm.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  REVERSED AND REMANDED.  Heard by Schumacher, P.J., Langholz, J., and Doyle, S.J.  Opinion by Langholz, J.  Dissent by Schumacher, P.J.  (28 pages)

            Keith Rath and Dennis Faltis appeal the district court’s grant of summary judgment dismissing their breach-of-contract and related claims because it concluded that they are not intended third-party beneficiaries of a force-placed insurance policy issued by Arch Insurance Company to their bank.  OPINION HOLDS: Because the insurance policy includes an endorsement increasing the coverage above the bank’s interest and giving plaintiffs a right to payment as a loss payee, the policy manifests an intent to benefit plaintiffs.  They are thus third-party beneficiaries under the insurance contract, and the district court erred in dismissing their claims.  DISSENT ASSERTS: The force-placed insurance policy does not name the borrower as an additional insured, expressly delineate that the policy covers the borrower’s interest in the insured property, or otherwise state that the borrower is a beneficiary of the lender’s coverage, including as that of a third-party beneficiary.  Rather the policy states no coverage, directly or indirectly, is provided to the borrower.  On this basis, the trial court properly granted summary judgment, which we should affirm.  As we do not, I respectfully dissent.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Elisha Stokes appeals the district court’s grant of summary judgment dismissing a gross-negligence claim against his coworker, Mario Murillo.  OPINION HOLDS:  Stokes’s claim that Murillo’s operation of the rebar-cutting machine with the safety mechanism disabled fails because Stokes has shown no evidence from which a jury could find that Murillo knew that injury was probable rather than just possible from that operation.  Stokes failed to preserve error on his other argument of gross negligence because it was not raised in, or decided by, the district court.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (4 pages)

            David Myers challenges the sufficiency of the evidence supporting his conviction for domestic abuse assault causing injury.  OPINION HOLDS: To the extent Myers intends to raise evidentiary challenges, he has not sufficiently developed the arguments and failed to preserve them for our review.  Myers’s conviction is supported by substantial evidence.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Tabor, J., takes no part.  Opinion by Buller, J.  (5 pages)

            An applicant appeals the denial of his third application for postconviction relief, asserting ineffective assistance in trial counsel’s handling of the victim’s mental-health records.  OPINION HOLDS: Because we find trial counsel was not ineffective, we affirm the denial of postconviction relief.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Michael Smith appeals the denial of his application for postconviction relief.  He asserts plea counsel provided ineffective assistance in two ways.  First, he claims that counsel ignored his directive to withdraw the guilty pleas unless the sentencing court agreed to run all his sentences concurrently.  Second, he argues that no factual basis existed for his plea to interference with official acts while displaying a dangerous weapon.  OPINION HOLDS: Plea counsel’s account, which the postconviction court found credible, was that Smith did not request to withdraw his pleas.  We decline to disturb that finding.  And we find the facts support the crime and form a factual basis for Smith’s plea of guilty.  Finding counsel did not fail in any professional duty, we do not address prejudice and affirm the denial of relief. 

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Deonte Williams appeals the order granting summary dismissal of his application for postconviction relief.  OPINION HOLDS: Because the face of Williams’s application shows it was untimely, the court did not err in granting summary dismissal.  Because Williams did not challenge and the postconviction court did not rule on the constitutionality of Iowa Code section 822.3 (2022), error is not preserved and we do not address the claim on appeal.

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            Trenton Brekke appeals his sentences and the modification of appeal bail conditions following entry of his Alford plea to multiple offences.  OPINION HOLDS: The district court did not abuse its discretion when sentencing Brekke, and Brekke’s challenge to the appeal bail conditions is not properly before us because Brekke failed to file a notice of appeal from the order modifying the bail terms.

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A plaintiff appeals the district court’s grant of summary judgment to the defendant in a professional negligence case.  OPINION HOLDS: Because the district court correctly applied the law, we affirm.

            Appeal from the Iowa District Court for Boone County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            An applicant appeals the denial of postconviction relief.  OPINION HOLDS: Because the applicant has not proven counsel breached an essential duty or the reasonable probability of acquittal on his claims, we affirm.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (17 pages)

            Chad Ruby appeals the district court’s grant of summary judgment dismissing his premises-liability and negligence-per-se claims and its denial of his cross-motion for partial summary judgment on his negligence-per-se claim—all brought against Justina Sheehan, the host of a party where Ruby was stabbed by another guest.  OPINION HOLDS: On the premises-liability claim, Sheehan—as a possessor of a private residence and social host—had no duty to prevent another guest from stabbing Ruby during the party.  And Ruby’s negligence-per-se claim fails because the city ordinance is not specific enough to establish a negligence-per-se standard.  We thus affirm the district court’s grant of summary judgment to Sheehan and its denial of Ruby’s cross-motion.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J. (7 pages)

            Diontay Cobbs appeals following his convictions for first-degree robbery and using a juvenile to commit an indictable offense.  Cobbs challenges the sufficiency of the evidence supporting his conviction for using a juvenile to commit an indictable offense and claims the district court abused its discretion by sentencing him to a seventy-percent mandatory minimum and consecutive sentences.  OPINION HOLDS: Upon our review, we affirm. 

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

            Kang Chotkuac appeals his conviction for extortion, challenging the sufficiency of the evidence supporting the conviction.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (7 pages)

            Valon Jackson Jr. appeals the restitution order and sentences entered after his convictions, contending the State did not meet its burden in establishing the restitution amount and that the district court abused its discretion in sentencing by failing to consider certain mitigating factors.  OPINION HOLDS: Because we find that substantial evidence supports the restitution award and the sentencing court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A defendant challenges his conviction for delivery of methamphetamine.  OPINION HOLDS: Viewing the record in the light most favorable to the verdict, we find substantial evidence that Martinac delivered methamphetamine.  Thus, we affirm the judgment and conviction.

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant challenges his conviction for driving while barred.  OPINION HOLDS: Viewing the record in the light most favorable to the verdict, we find substantial evidence that Martinac’s license was barred while he was driving.  Thus, we affirm the judgment and conviction.

            Appeal from the Iowa District Court for Linn County, Fae Hoover, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            A trustee appeals the district court decision ordering distribution of trust funds to a deceased beneficiary’s issue.  OPINION HOLDS: Because we find the plain and unambiguous language of the trust requires distribution to the deceased beneficiary’s issue, we affirm.

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

            Wayne Jennings appeals from an order granting Christina Jennings’s petition to modify the physical-care provisions of their dissolution decree and changing the placement of one of their children from joint physical care to Christina’s physical care.  He argues that the district court improperly limited the evidence he could present.  OPINION HOLDS: Because error is not preserved on Wayne’s evidentiary challenge and he raises no other issue, we affirm the district court.  And given the financial circumstances of the parties and the relative merits of the appeal, we award Christina Jennings appellate attorney fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Amber Movick appeals the sentence imposed upon her conviction for possession of methamphetamine, third offense.  She argues (1) the State breached the plea agreement by failing to endorse the agreed-upon sentencing recommendation, and (2) the district court erred by not ordering an updated presentence investigation report (PSI) or ensuring she waived her right to its use in sentencing.  OPINION HOLDS: We affirm, concluding the prosecutor did not breach the plea agreement and Movick failed to preserve error on her claims about the PSI. 

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of parental rights to his four children, asking us to reverse the termination based on alleged constitutional violations and a lack of reasonable efforts.  OPINION HOLDS: Because the father’s constitutional rights were not violated and his remaining issues are waived, we affirm the termination of the father’s parental rights.

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

            Anthony Garner Jr. appeals his sentences after pleading guilty to three criminal charges.  OPINION HOLDS: Because the court exercised its discretion by imposing concurrent sentences of incarceration, we affirm.

            Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Buller, JJ.  Opinion by Buller, J.  (5pages)

            A father petitioned to modify the physical-care schedule for his shared child with the mother.  OPINION HOLDS: Because we find the father failed to prove a substantial change in circumstances to warrant a change in physical care, we affirm the denial of his petition to modify.

            Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            R.B. appeals a district court order, challenging whether he continues to be seriously mentally impaired and his current placement as the least-restrictive placement.  OPINION HOLDS: We affirm.

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

            Cassidy Miller appeals the district court decision placing the parties’ minor child in Christian Miller’s physical care.  OPINION HOLDS: We find it is in the child’s best interest to be placed in Christian’s physical care.  We find the district court did not abuse its discretion in denying Cassidy’s request for trial attorney fees.  We affirm the district court.  Each party shall be responsible for their own appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother appeals a dispositional order denying modification of placement in a child-welfare case.  She argues that the juvenile court should have placed her children with their maternal grandmother instead of fictive kin.  OPINION HOLDS: We find that the juvenile court erred in considering the current placement a relative under Iowa Code section 232.2(56) (2023).  But because disrupting the children’s placement is not in their best interests, we affirm the denial of the motion to modify. 

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The child could not be safely returned to the mother’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  Termination is in the child’s best interests, and the parent-child bond is not so strong to preclude termination.

            Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (14 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: Because we summarily affirm on the statutory ground not challenged by the mother and decline to rely on the permissive exception to avoid termination or to order an additional six months of time, we affirm the termination of the mother’s parental rights.  Because we find that the State proved that J.H. could not be safely returned to the father’s custody at the time of the termination hearing, we also affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the child’s best interests.  We decline to apply any permissive exception and establish a guardianship. 

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the termination of her parental rights to her child, arguing for a permissive exception and that a guardianship should be established.  OPINION HOLDS: Because we find no permissive exception should be applied to prevent termination and guardianship is not in the best interests of the child, we affirm termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Schumacher, P.J.  (11 pages)

            A mother and father appeal the termination of their parental rights.  OPINION HOLDS: Because the State has proven grounds by clear and convincing evidence for termination under Iowa Code section 232.116(1)(f) and (h) (2023), termination is in the best interest of the children, a permissive exception should not be applied to preclude termination, and an extension of time for reunification efforts is unwarranted, we affirm.

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (11 pages)

            In this child-in-need-of-assistance proceeding, the mother appeals the juvenile court’s dispositional review order and finding of reasonable efforts.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to three children, claiming she should have been granted additional time to work toward reunification.  OPINION HOLDS: Because additional time is not warranted, we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination, claims termination is not in the child’s best interests, and argues the court should apply a permissive exception to forgo termination.  The mother also claims she received ineffective assistance from her counsel that should entitle her to relief.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the child’s best interests, and we decline to apply a permissive exception to termination.  The mother’s counsel did not provide ineffective assistance.

            Appeal from the Iowa District Court for Clarke County, Monty Franklin, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because the State proved the grounds for termination under Iowa Code section 232.116(1)(h), and the exception under section 232.116(3)(a) does not apply, and the mother failed to prove section (c) (2023) applies, we affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Plymouth County, Tod Deck and James N. Daane, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Kody Miller appeals his conviction for simple misdemeanor assault.  He contends the district court erred in denying his motion to suppress DNA testing of his blood sample from an unrelated operating-while-intoxicated offense and asserts there was insufficient evidence supporting the verdict.  OPINION HOLDS: The evidence the State offered supports his conviction for assault.  And because the DNA evidence from his blood sample did not contribute to the jury’s verdict, its admission was harmless.  We affirm the conviction. 

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (7 pages)

            Rodney Jackson appeals a five-year sentencing no-contact order.  OPINION HOLDS: The magistrate court did not exceed its authority in entering the permanent no-contact order, and the district court properly applied the law in finding that Iowa Western Community College, as a corporation, was a person who could be a protected party under the no-contact order.  We affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Danilson, S.J.  Blane, S.J., takes no part.  Opinion by Danilson, S.J.  (9 pages)

            Lester Richardson appeals the denial of his application for postconviction relief.  He claims his trial counsel was ineffective given her inexperience and physical health.  OPINION HOLDS: Counsel’s inexperience did not result in her providing ineffective assistance.  Richardson cannot establish prejudice related to counsel’s performance during purported medical episodes given the strong evidence of his guilt. 

            Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Special Concurrence by Buller, J.  (24 pages)

                On interlocutory appeal, Lukouxs Brown challenges the district court’s ruling that he was restored to competency.  OPINION HOLDS: We find the preponderance of the evidence shows that Brown remains incompetent to stand trial but is making progress in regaining competency.  We accordingly reverse the district court’s decision and remand for the entry of an order suspending the criminal proceedings indefinitely and placing Brown in continued restoration treatment.  SPECIAL CONCURRENCE ASSERTS: I concur under Iowa’s unusual de novo standard of review but remain unconvinced the standard is correct.

            Appeal from the Iowa District Court for Mahaska County, Myron Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Chicchelly, J.  (8 pages)

            James Andrew Hols appeals his conviction for domestic abuse assault, contending the district court’s finding of forfeiture by wrongdoing violated his constitutional rights.  OPINON HOLDS: Because we conclude Hols forfeited his right to confront the victim, we affirm.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser and Henry W. Latham II, Judges.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (12 pages)

            Jeremy Bartenhagen appeals his convictions from two separate cases, one convicting him of prohibited possession of ammunition and the other convicting him of driving while barred.  He argues neither conviction is supported by sufficient evidence.  In the driving-while-barred case, he also claims that the district court improperly admitted only a portion of the arresting officer’s body-camera recording, and that he should have been granted a mistrial or allowed to question the jurors after some jurors saw him escorted by jail officers to the courthouse.  OPINION HOLDS: Because sufficient evidence supports both convictions, Bartenhagen never requested admission of the entire body-camera video, Bartenhagen was permitted to question jurors about seeing Bartenhagen escorted by jail officers, and the court did not abuse its discretion in denying a mistrial, we affirm Bartenhagen’s convictions in both cases.

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

            A defendant appeals his convictions for murder in the second degree and felon in possession of a firearm, challenging evidentiary rulings from his jury trial.  He contends the court abused its discretion in admitting evidence of his phone calls from jail, and a Snapchat selfie of him holding a gun.  OPINION HOLDS: Because those discretionary rulings complied with the rules of evidence, we affirm his convictions.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            Dayvon Freeman appeals the denial of his application for postconviction relief.  OPINION HOLDS: We find Freeman failed to establish either a breach of counsel’s duty or resulting prejudice and waived his substitute-counsel claim.  We affirm.

            Appeal from the Iowa District Court for Humboldt County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Langholz, J., takes no part.  Opinion by Schumacher, P.J.  (6 pages)

            Krystal Wagner, individually and as the administrator of the estate of her son Shane Jensen, appeals the district court decision granting summary judgment to the State and Officer William Spece on her constitutional tort claims.  OPINION HOLDS: Following Burnett v. Smith, 990 N.W.2d 289, 307 (Iowa 2023), Wagner’s constitutional tort claims are no longer actionable.  And Wagner did not appeal her common law tort claims.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  Concurrence in part and dissent in part by Schumacher, J. (18 pages)

            Kelly Bast appeals, and Kathy Bast cross-appeals, the financial provisions in the decree dissolving their marriage.  OPINION HOLDS: Finding no failure to do equity as to Kelly, we affirm on appeal.  But we agree with Kathy the court should have set aside $40,000 in proceeds traceable to her inheritance from her sister.  As a result, we modify the decree by vacating Kathy’s equalization payment but affirm on the trial court’s denial of additional attorney fees.  PARTIAL DISSENT ASSERTS: I join in the majority opinion in all respects except for the amount of alimony awarded to the payee spouse. Due to the amount of assets each party received, each party’s retirement status, and the needs of the payee spouse, an award of traditional alimony in the amount of $900 per month is equitable.

            Appeal from the Iowa District Court for Hamilton County, Amy M. Moore, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Langholz, J., and Gamble, S.J.*  Opinion by Schumacher, P.J.  (8 pages)

            The Hamilton County Board of Supervisors (Board) as trustee of Drainage District No. 71 (DD71) appeals the district court decision reversing its decision to annex certain property into DD71.  OPINION HOLDS: There is not sufficient information in the annexation report to show the land the Board sought to annex into the drainage district would be materially benefited by the annexation, and therefore the land should not be annexed.  We affirm the decision of the district court.

            Certiorari to the Iowa District Court for Polk County, Coleman McAllister, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            On writ of certiorari, Terrence Reasby challenges the district court’s denial of his motion for earned-time credit for the days he spent in a treatment program before his probation was revoked.  OPINION HOLDS: Because Reasby was neither an inmate nor committed to the custody of the DOC while he was on probation and spending time at Bridges, he is not entitled to earned-time credit.  We affirm the district court’s denial of his motion and annul the writ.

            Certiorari to the Iowa District Court for Grundy County, Linda M. Fangman, Judge.  WRIT SUSTAINED AND CASE REMANDED.  Considered by Greer, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            The question presented in this certiorari action is whether the district court abused its discretion in denying Christopher Buck’s application to modify a sex offender registration requirement.  OPINION HOLDS:  Because Buck is at low risk to reoffend and there is no substantial benefit to public safety in continuing his registration requirements, the district court abused its discretion in denying modification.  We sustain the writ of certiorari and remand to the district court for entry of an order granting Buck’s application.   

            Appeal from the Iowa District Court for Hamilton County, Hans Becker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Tabor, P.J.  (20 pages)

            A defendant appeals his criminal convictions and sentence imposed, arguing the convictions are not supported by substantial evidence and the court abused its discretion in sentencing.  OPINION HOLDS: We affirm, concluding the convictions are supported by substantial evidence and the sentences are not the product of an abuse of discretion.  DISSENT ASSERTS: I respectfully dissent from the majority’s decision finding sufficient evidence to support the convictions.  I disagree that the State offered much if any evidence to show the defendant could form the specific intent to assault a jailer or damage property.  Instead, the State conveyed to the jury an inaccurate view of the defendant’s diminished responsibility defense.  Because the evidence at trial revealed a failure to recognize an inmate’s mental-health crisis rather than the inmate’s specific intent for assault or damage to property, I would reverse his convictions.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            Kenith Lewis appeals the denial of his application for postconviction relief, which raised claims of ineffective assistance of counsel.  OPINION HOLDS: Finding Lewis has not overcome the presumption of competence on either of his claims, we affirm the denial of his application for postconviction relief. 

            Appeal from the Iowa District Court for Hancock County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J. (15 pages)

            Glenn Thompson appeals his drug convictions, challenging the denial of his motion to suppress evidence obtained as a result of a traffic stop.  He argues his constitutional rights were violated because the traffic stop was extended beyond its permissible duration and evidence obtained as a result of a search of his person would not have been inevitably discovered.  OPINION HOLDS: Finding no constitutional violation, we affirm the denial of Thompson’s motion to suppress and his resulting convictions.

            Appeal from the Iowa District Court for Clayton County, Richard D. Stochl, Judge.  DISTRICT COURT RULING VACATED AND CASE REMANDED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Manuel Seenster Jr. appeals an order denying his motion for new trial on a remand from this court.  OPINION HOLDS: Because the district court entered the order on a remand before procedendo issued on the first appeal, the district court lacked jurisdiction.  And because the district court lacked jurisdiction, the order is a nullity.  We vacate the order denying the motion for new trial—which leaves us nothing to review.  The case is remanded for the district court to address the pending new trial motion. 

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (8 pages)

            Beneficiaries of a trust appeal from a ruling denying their motion to terminate the trust.  OPINION HOLDS: We agree with the probate court that continuing the trust is necessary to fulfil its material purposes and affirm.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Chicchelly, J., takes no part.  Opinion by Buller, J.  (7 pages)

            Royal Rio Jones appeals following his guilty plea and sentences.  OPINION HOLDS: We affirm, concluding Jones invited any alleged error related to the presentence investigation waiver and the district court did not abuse its discretion at sentencing.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            Noah Scott was convicted of two counts of first-degree robbery and sentenced to two concurrent twenty-five-year terms of imprisonment; he is required to serve 70% of the sentence before becoming eligible for parole or work release.  On appeal, Scott argues (1) we should adopt more protective double jeopardy standards and, based on those heightened protections, grant his motion to dismiss; (2) in the alternative, there is not substantial evidence to support his convictions; and (3) the district court failed to consider all pertinent information before requiring him to serve 70% of the imposed sentenced as a mandatory minimum.  OPINION HOLDS: We are not at liberty to adopt a new standard for reviewing double jeopardy claims under the Iowa Constitution, substantial evidence supports the determination Scott was one of the armed robbers, and the district court neither erred nor abused its discretion in ordering Scott to serve 70% of the mandatory minimum before becoming eligible for parole or work release.  For these reasons, we affirm. 

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (6 pages)

A defendant challenges his sentence for first degree murder and a separate first-degree robbery charge.  He alleges the district court abused its discretion by not properly considering the Lyle juvenile sentencing factors.  OPINION HOLDS: Because the district court performed a thorough analysis of all the pertinent factors, we see no abuse of discretion.  Thus, we affirm.

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            An applicant appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: Finding that Mayorga’s counsel’s failure to prepare for the PCR trial and motioning for a continuance after over a year had elapsed since the PCR trial date was set and on the eve of the PCR trial amounted to Mayorga being constructively without counsel, and thus finding structural error, we reverse the court’s dismissal of the PCR application and remand for further proceedings.

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Rosalio Quiroz appeals his conviction for second-degree sexual abuse.  He contends the district court erred and abused its discretion in admitting hearsay and vouching evidence and substantial evidence does not support the verdict.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict.  And we find no merit in any of Quiroz’s hearsay challenges.  Finally, we find the forensic interviewer did not offer bolstering or vouching testimony, so the district court did not abuse its discretion by allowing it.  We affirm Quiroz’s conviction for second-degree sexual abuse.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Lynn Koester appeals the dismissal of her petition alleging wrongful termination in violation of public policy as a common-law claim and retaliation under Iowa Code chapter 91A (2022).  On the first claim, the district court found she did not identify a public policy violation so she failed to state a claim for which relief can be granted.  And on the second, it found the claim is barred by the statute of limitations and failed to state a claim.  OPINION HOLDS: We find that the district court erred at law in concluding there was no public policy justification to maintain her wrongful termination common law claim.  We reverse dismissal and remand for further proceedings on that claim.  On her statutory claim for retaliation directly under chapter 91A, we find the claim is barred by the statute of limitations.  So we affirm in part, reverse in part, and remand for further proceedings on the common law wrongful termination claim.

            Appeal from the Iowa District Court for Clayton County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Timothy Doyle appeals from the district court’s dismissal of his breach-of-contract claims against Johnny B’s Construction, Inc., the contractor that he hired to repair his hunting cabin.  He also appeals the judgment against him on Johnny B’s counterclaim that he breached the contract by failing to pay for all the services performed under the contract.  OPINION HOLDS:  The evidence before the district court was sufficient for the court to reach its findings that (1) Johnny B’s delay in performance was excused by the pandemic; (2) Doyle’s allegations of defective workmanship were not credible; and (3) Doyle breached the contract by failing to pay for some of the work Johnny B’s performed.

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Schumacher, P.J.  (11 pages)

            Felty Yoder appeals his convictions and sentences.  He argues the State failed to present sufficient evidence to support his convictions for sex abuse, the district court improperly admitted evidence of prior bad acts, and the court impermissibly relied on unproven offenses in sentencing.  OPINION HOLDS: We find sufficient evidence supports Yoder’s convictions, and the district court did not abuse its discretion in either admitting evidence or in sentencing.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  Dissent by Langholz, J.  (18 pages)

            A party to arbitration appeals a ruling vacating the award.  OPINION HOLDS: We affirm, finding the district court correctly ruled the award was not supported by substantial evidence. DISSENT ASSERTS: Because the district court exceeded the bounds of its limited review of arbitration awards under Iowa Code section 679A.12 (2022), I would reverse the district court and let the binding arbitration award stand.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (14 pages)

            Thomas Yarges appeals the denial of his application for postconviction relief.  OPINION HOLDS: Yarges has failed to demonstrate the prejudice necessary to succeed on his claim of ineffective assistance of counsel because by pleading guilty he avoided two potential felony convictions and eight more years of imprisonment, and the State’s case against him was strong.  Likewise, Yarges failed to present clear and convincing evidence that based on his assertions to the contrary of the State’s witnesses no reasonable jury could have found that he committed the crimes of which he was accused.  We affirm.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Garry Gulash appeals the district court’s denial of his request to modify the property division in the parties’ dissolution decree.  OPINION HOLDS: At the time of the dissolution decree, the court and the parties treated Garry’s pension benefits as marital property, not as income.  We reject Garry’s attempt to recategorize the benefits he receives as disability benefits, which could be treated as income.  The division of property in a dissolution decree is not subject to modification.  We affirm the court’s decision to deny the request to modify the decree.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF CORRECTED SENTENCING ORDER.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J. (5 pages)

            Quaysean Purdy appeals the fines imposed following his convictions for third-degree sexual abuse and assault with intent to commit sexual abuse.  He argues the district court abused its discretion when it set the fine on each count.  OPINION HOLDS: The district court did not abuse its discretion when setting the fines on either count.  However, we remand for entry of a corrected sentencing order to harmonize the written sentencing order with the oral pronouncement of sentencing on the assault-with-intent-to-commit-sexual-abuse conviction setting the term incarceration not to exceed two years and imposing a fine of $855.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  Dissent by Langholz, J.  (21 pages)

            Guardians appeal the district court’s denial of their petition to terminate a mother’s parental rights to her child under Iowa Code chapter 600A (2020).  OPINION HOLDS: Upon our review, we reverse and remand with instructions to enter an order terminating the parental rights of the mother.  DISSENT ASSERTS: I am compelled to conclude—like the district court—that the guardians have not met their heavy burden to prove abandonment, mainly because of their prevention of contact between the mother and child and their refusal of financial support from the mother.  Thus, I would affirm the dismissal of this termination petition. 

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Langholz, J., and Vogel, S.J.  Opinion by Bower, C.J.  (8 pages)

            Aaron Clark appeals property distribution and spousal support provisions of the decree dissolving his marriage to Rochelle Clark and challenges the court’s award of trial attorney fees to Rochelle.  OPINION HOLDS: We find no failure to do equity in the court’s division of the pension and retirement benefits.  We also affirm the award of spousal support but modify the amount to $700 per month.  The district court did not abuse its discretion when it awarded attorney fees, and we award Rochelle appellate attorney fees.  We affirm as modified.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (2 pages)

            Hannah Jean Hennick pled guilty to driving while barred as a habitual offender.  OPINION HOLDS: Because there is no good cause for the appeal, error was not preserved on this issue, and we cannot decide ineffective-assistance claims on direct appeal, we must dismiss the appeal.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J. (7 pages)

            Ricco Fourkiller appeals his conviction for willful injury causing bodily injury, arguing the evidence was insufficient to prove he specifically intended to cause serious injury.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, we find sufficient evidence supports the verdict and affirm.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Bower, C.J.  (9 pages)

            S.P. appeals the district court’s finding he suffered from serious mental impairment and his commitment was proper.  OPINION HOLDS: Finding clear and convincing evidence to support the district court’s ruling, we affirm.

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (20 pages)

            Woodlyn Hills Estates, LLC (Woodlyn Hills) owns nearly eighty-eight acres of real estate in rural Dickinson County; it applied for a conditional use permit to develop an RV park with 174 spots.  Following public hearings, the Dickinson County Board of Adjustment (the Board) voted 3-2 to grant the permit.  Country View Acres Homeowners (the Homeowners), a nonprofit association of individuals who own homes in Dickinson County near the proposed RV park, petitioned for a writ of certiorari to challenge the Board’s decision.  The district court allowed Woodlyn Hills to intervene in the proceedings and, following the admission of some additional evidence, ultimately annulled the writ.  On appeal, the Homeowners claim the writ should have been sustained because the Board acted illegally by failing to substantially comply with procedural requirements before reaching its decision and because its decision to grant the conditional use permit is not supported by substantial evidence.  OPINION HOLDS: Considering all the procedural issues discussed, we conclude the Board failed to substantially comply with its own procedural requirements and thus acted illegally.  We need not address the parties’ other arguments raised on appeal. We reverse the ruling of the district court annulling the writ.  We remand for reinstatement of the writ and for further proceedings, during which the Board should reopen the record for public comment.  The Board shall receive Van Orsdel’s April 21 email and any correspondence submitted as attachment 4170, that have identifiable authors, which were not read at the April 25 meeting, and the letters from Megan Skalicky and Seth Skalicky, before conducting another vote on whether to grant the conditional use permit.  We take no position on whether the conditional use permit for the RV park should be granted. 

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

            Champayne Renee Sandifer-Jackson appeals her sentence, claiming there was a binding plea agreement, and the district court abused its discretion.  OPINION HOLDS: Sandifer-Jackson’s plea was not conditioned on the court’s acceptance of a particular sentence, and the sentence imposed was not an abuse of discretion.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            On discretionary review, Jesse DeGroote challenges the sufficiency of the evidence supporting his conviction for simple-misdemeanor assault.  OPINION HOLDS: Substantial evidence supports DeGroote’s conviction for assault, so we affirm. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, Judge.  VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (12 pages)

            The defendant appeals the sentence imposed following his conviction for operating while intoxicated, second offense.  OPINION HOLDS: Because we find that the sentencing court relied on unproven facts in making its sentencing decision, we vacate the sentence and remand for resentencing.

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

            Noah Knight appeals from the parenting schedule set in an order awarding joint legal custody and joint physical care of his daughter with Athena Soumas.  OPINION HOLDS: The alternating weekend parenting schedule is in the best interest of the parties’ daughter.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            Dr. Qingli Meng challenges the district court’s denial of her petition for judicial review.  OPINION HOLDS: Both the university-wide standards in chapter three of the Faculty Handbook as well as the old department-specific standards that Dr. Meng opted into governed the procedure here; therefore, the Committee and Head of the Department relied on the correct procedure in evaluating Dr. Meng’s application for tenure and the Board of Regents did the same in accepting their decision.  Its decision to deny her tenure was rational, made with regard to the law and facts, and based on reasonable grounds.  For these reasons, we affirm the district court’s denial of Dr. Meng’s petition for judicial review.

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  MODIFICATION AFFIRMED; WRIT ANNULLED.  Considered by Bower, C.J., Langholz, J., and Danilson, S.J.  Opinion by Bower, C.J.  (20 pages)

            Justin Olson appeals the district court’s order modifying the visitation provisions of a custody decree and finding him in contempt for depriving Sara Whitead parenting time with their child.  OPINION HOLDS: We affirm the modification of the parties’ custody decree.  We further find substantial evidence Justin willfully violated the decree, and we annul the writ of certiorari.  We deny Justin’s challenge to the district court’s award of trial attorney fees to Sara, and we award Sara $9842.50 in appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Raymond Wilson appeals the modification of the parties’ dissolution decree granting Staesha Fenton, formerly Staesha Wilson, sole legal custody of their two minor children.  OPINION HOLDS: We conclude Staesha established a material and substantial change in circumstances since entry of the dissolution decree warranting modification and Raymond has focused solely on his own interests, rather than the best interests of the children.  We affirm the decision placing the children in Staesha’s sole legal custody.  We decline to award Staesha appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (17 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Because we find there was clear and convincing evidence of the statutory ground for termination in Iowa Code 232.116(1)(f) and (h) (2023), the best interests of the children are best served by termination, the permissive exception does not preclude termination, and the department met the active-efforts requirement under the Indian Child Welfare Act, we affirm the termination of the mother’s parental rights.  The mother did not preserve error on her request for six additional months.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their children, claiming the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the children’s best interests, and the court should apply a permissive exception to preclude termination.  OPINION HOLDS: Upon our review, we affirm both appeals.  

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals from a dispositional order in a child-in-need-of-assistance proceeding.  She challenges the juvenile court’s denial of her motion to reopen the adjudicatory record to allow the child at issue to testify.  She also challenges the juvenile court’s decision to place custody of the child with the father and denial of her motion to change service providers.  OPINION HOLDS: The juvenile court did not abuse its discretion in denying the motion to reopen the record.  Placing custody of the child with the father is in the child’s best interests.  There is no need to change service providers because the service provider is providing services and not hindering the reasonable-efforts mandate.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Schumacher, P.J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and no exceptions to termination should be applied.  And an extension of time is unwarranted under these facts.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (10 pages)

            A father appeals the termination of his parental rights.  He challenges the grounds for termination, argues termination is not in the children’s best interests, and requests the establishment of a guardianship or additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because termination is in the best interests of the child, and additional time or application of a permissive exception are not warranted, we affirm.

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

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and an exception to termination should not be applied.  An extension of time for reunification efforts is unwarranted on these facts.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Woodbury County, Kristal L. Phillips, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

            A father appeals the termination of his parental rights, challenging the sufficiency of the evidence supporting the grounds for termination.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (9 pages)

            Korey and Javon appeal the termination of their parental rights to one-year-old L.J.  They both challenge the statutory grounds for termination and request a six-month extension of the proceedings.  Additionally, Javon contends the juvenile court should have placed L.J. with his mother, the paternal grandmother.  Javon also contends termination of his rights is not in L.J.’s best interests.  OPINION HOLDS: Neither parent can safely care for this medically complex child.  We find no merit in their challenges, so we affirm on both appeals. 

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A father appeals the termination of his parental rights to his child, arguing the grounds for termination have not been met, termination is not in the best interests of the child, and we should decline to terminate based on a permissive exception.  OPINION HOLDS: Because we find the statutory grounds for termination are satisfied, the best interests of the child support termination, and no exceptions to termination are applicable, we affirm.

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  The mother claims the State failed to prove the grounds for termination cited by the juvenile court and termination is not in the child’s best interests.  Both parents claim the State did not engage in reasonable efforts to reunite them with the child.  OPINION HOLDS: Upon our review, we affirm on both appeals.   

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

            A father appeals the termination of his parental rights, challenging whether the State made reasonable efforts towards reunification and whether sufficient evidence supports the statutory elements of termination.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  The mother challenges the statutory grounds for termination, and the father asks us to decline to terminate based on a permissive exception.  OPINION HOLDS: Having found the statutory grounds satisfied and because we decline to exercise a permissive exception, we affirm termination of the mother’s and father’s parental rights.

            Certiorari to the Iowa District Court for Marshall County, John J. Haney, Judge.  WRIT ANNULLED.  Considered by Badding, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            David Robbins petitions for writ of certiorari regarding denial of his request for a determination of his reasonable ability to pay restitution.  OPINION HOLDS: Finding Robbins failed to properly present any claim for our review, we annul the writ of certiorari.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (24 pages)

            Odol Othow appeals his convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing serious injury.  OPINION HOLDS: Because we find that the district court did not err in overruling Othow’s motion to sever his trial from Owo Bol and Thon Bol, that the district court did not err in admitting the recorded statements of two other co-defendants even though they were severed from the trial, and substantial evidence supports the verdict, we affirm Othow’s convictions.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (6 pages)

            David Hirvela appeals the district court’s sentencing decision, arguing that the court improperly considered only a single factor and failed to consider the best sentencing option for rehabilitation.  OPINION HOLDS: Because the district court considered permissible sentencing factors including the nature of the offense in deciding Hirvela’s sentence, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Heard by Bower, C.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (23 pages)

            Fredrick Williams appeals his convictions for first-degree murder and abuse of a corpse, challenging evidentiary rulings and the sufficiency of the evidence supporting the verdicts.  OPINION HOLDS: Because we find the most of challenged statements are either non-hearsay or fall under the exception to the rule against hearsay for then-existing mental, emotional, or physical conditions; the probative value of the evidence of prior bad acts on the issue of intent is not substantially outweighed by the danger of unfair prejudice or proof that Williams had a bad character or propensity for violence; that the few pieces of admitted hearsay evidence did not affect Williams’s substantial rights; and because we find substantial evidence supports both convictions, we affirm.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Jordan Sanford appeals from the district court’s finding that he is a sexually violent predator, arguing his attorney was ineffective for failing to challenge the basis for an expert’s opinions.  OPINION HOLDS: Even if we were to assume without deciding that Sanford’s counsel had a duty to raise the issue, we find no prejudice and affirm.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister and Jeanie Vaudt, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (14 pages)

            Carter Woodruff appeals his convictions for assault causing bodily injury, lascivious acts with a child, and assault while participating in a felony.  OPINION HOLDS: We affirm the district court’s denial of Woodruff’s request for a Franks hearing based on his claim the search warrant application for his tablet contained false and misleading information.  We also affirm the denial of his motion to suppress information obtained from the tablet.  We determine Woodruff’s convictions for assault causing bodily injury and assault while participating in a felony should be merged.  We find the district court did not give adequate reasons for making the sentences in this case consecutive to a probation revocation matter.  We affirm in part, reverse in part, and remand for resentencing.

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Vogel, S.J.  Chicchelly, J., takes no part.  Opinion by Vogel, S.J.  (11 pages)

            Stephanie Eakes appeals the denial of her application for postconviction relief (PCR), arguing the district court erred in rejecting her claim that the sentence imposed on her felony conviction was improperly treated as running consecutively to the sentence imposed on a prior conviction for which she was on parole when she committed the new offense.  Also submitted with this appeal for our consideration is the State’s motion to dismiss the appeal as moot.  OPINION HOLDS: We deny the State’s motion to dismiss but affirm the denial of Eakes’s PCR application on the merits. 

            Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner and Patrice Eichman, District Associate Judges.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART; SENTENCES AFFIRMED IN PART AND VACATED IN PART; ORDER FOR FIREARM PROHIBITION VACATED; AND CASE REMANDED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Bower, C.J. (15 pages)

            Ryan Richter appeals the denial of his motion to suppress and the entry of an order for firearm prohibition.  As to the motion to suppress, Richter argues the seizure and search of his vehicle was unconstitutional under the federal and state constitutions because a police officer’s acts of entering his vehicle and moving it were not justified by the public servant branch of the community caretaking exception to the warrant requirement.  As to the firearm prohibition, Richter argues the court was without statutory authority to impose it and it violates his constitutional right to bear arms under the federal and state constitutions.  OPINION HOLDS: We reverse the district court’s denial of Richter’s motion to suppress, reverse the marijuana conviction, vacate the sentence imposed on that conviction, and remand for further proceedings.  Because the firearm prohibition was premised solely on the marijuana conviction, we likewise vacate the separate order for firearm prohibition. 

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

            Jared Owens appeals the denial of his application for postconviction relief (PCR).  Owens raises claims of prosecutorial misconduct and ineffective assistance of counsel.  OPINION HOLDS: Because Owens pleaded guilty part way through his criminal trial, he waived challenges to errors not intrinsic to his plea and cannot directly raise his claim of prosecutorial misconduct.  Owens cannot establish any of his claims of ineffective assistance of counsel because trial counsel had no duty to make a meritless objection to claimed prosecutorial misconduct, and Owens did not establish prejudice regarding his other claims.

            Appeal from the Iowa District Court for Shelby County, Jeffrey L. Larson, Judge.  REVERSED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (8 pages)

            Susan Ronnfeldt appeals the district court’s dismissal of her medical malpractice action.  OPINION HOLDS: Because the district court’s orders dismissing Ronnfeldt’s claims were based in part on a judgment subsequently reversed, we reverse.   

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Johnny Mack Hill Jr. appeals from his conviction for attempted murder, arguing the evidence is insufficient to support his conviction.  OPINION HOLDS: Finding the evidence sufficient for the jury to conclude both that Hill set in motion a force or chain of events that would cause or result in death and that he specifically intended to cause death, we affirm.

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A plaintiff appeals from an adverse verdict in an automobile accident case.  OPINION HOLDS: Finding error was not preserved due to an inadequate offer of proof, we affirm.

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Buller, J.  (11 pages)

            Three beneficiaries appeal a ruling on their objections to an executor’s final report.  OPINION HOLDS: Because we find that the siblings entered into the Family Settlement Agreement (FSA) before their interests vested and that after the deaths of two of the parties their beneficiaries became necessary parties to the agreement, the FSA is invalid, and the property should not have been distributed based on its terms.  But we reverse and remand for additional evidence of the validity of the will that preceded the FSA.  We issue no ruling on the accounting issue not properly before us, and we affirm the portion of the ruling addressing self-dealing.

            Appeal from the Iowa District Court for Montgomery County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A games supplier appeals the district court ruling regarding the end of its contractual relationship with an arcade business.  OPINION HOLDS: The supplier’s contract repudiation predates any arguable breach, and we affirm.

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

            Andrew Thomas appeals his conviction for assault causing bodily injury, claiming there was insufficient evidence to prove that he engaged in “an act intended to cause pain or suffering or be insulting or offensive.”  OPINION HOLDS: We affirm, concluding substantial evidence supports the jury’s verdict.

            Appeal from the Iowa District Court for Johnson County, Jeffrey D. Bert, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Defendants appeal the district court order reversing summary judgment.  OPINION HOLDS: Because the plaintiff does not allege fraud in the inducement as to the contract’s two-year limitation provision, we conclude his claims are barred.  Accordingly, we reverse and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by Greer, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Sara Jo Weisbeck, through writ of certiorari, challenges the district court’s imposition of restitution following her convictions for one count of identity theft and one count of insurance fraud.  She argues restitution is not causally related factually or within scope of liability and that evidence does not support the amount of restitution ordered.  OPINION HOLDS: Upon our review, we affirm the district court’s finding that an award of restitution was factually related and within the scope of liability, but we reverse and remand for determination of the proper amount of restitution. 

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

            Hser Nay Thaw appeals his conviction for third-degree burglary, contending insufficient evidence supports the conviction and his trial counsel was ineffective.  OPINION HOLDS: Because the conviction is supported by substantial evidence and we cannot consider ineffective-assistance claims on direct appeal, we affirm.

            Appeal from the Iowa District Court for Linn County, Paul D. Miller (good cause finding) and Andrew Chappell (motion to set aside good cause finding, motion to dismiss, and trial), Judges.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  Buller, J., takes no part. (11 pages)

            Dimione Jamal Walker appeals his convictions, contending the State violated his constitutional right to speedy trial, the prosecutor impermissibly struck a prospective juror, and the trial court abused its discretion by admitting prejudicial evidence.  OPINION HOLDS: Because we find Walker failed to show that the State violated his speedy-trial right, the prosecutor did not exercise a peremptory challenge based on a prospective juror’s race, and the probative value of the challenged evidence was outweighed by its prejudicial effect, we affirm.

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

            Randall Bielfelt appeals the district court’s grant of summary disposition to the State on one postconviction-relief claim, arguing he received ineffective assistance of counsel because trial counsel failed to investigate a prior allegation of sexual abuse.  He also appeals the denial of his application for postconviction relief on his second claim, arguing he received ineffective assistance of counsel because trial counsel failed to consult an expert.  OPINION HOLDS: Because this court has already decided Bielfelt suffered no prejudice from the admission of the evidence Bielfelt claims his trial counsel should have investigated, trial counsel did not fail to perform an essential duty by not consulting an expert, and no prejudice resulted from failing to consult an expert, we affirm.

            Appeal from the Iowa District Court for Linn County, Valerie L. Clay, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Buller, J.  (15 pages)

            A credit union and its attorneys seek certiorari review following an award of sanctions for failing to adequately investigate claims made in pleadings.  OPINION HOLDS: Because the district court did not abuse its discretion, we annul the writ and allow the order for sanctions to stand.

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Christian Goyne-Yarns appeals his conviction for murder in the first degree of Shelby Woizeschke.  He seeks a new trial, challenging the strength of the State’s proof and a ruling excluding evidence of a handgun, tested at the state crime laboratory but ruled out as the murder weapon.  OPINION HOLDS: Because the State offered overwhelming evidence of Goyne-Yarns’s guilt, we affirm.  And even if we assume exclusion of the gun evidence was erroneous, it was harmless error. 

            Appeal from the Iowa District Court for Black Hawk County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Tracy Adam Thompson appeals the denial of his application for postconviction relief after pleading guilty to one count of possession of methamphetamine, third or subsequent offense, a class “D” felony.  OPINION HOLDS: Because Thompson has not met his burden of proving ineffective assistance of counsel, we affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Muzammil Ali appeals the denial of his application for postconviction relief.  OPINION HOLDS: The postconviction court properly applied the law when it found counsel did not breach any duty by failing to inform Ali of a collateral consequence of pleading guilty.  Because Ali has not shown his trial counsel provided ineffective assistance, we affirm the denial of postconviction relief.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Patrick Kirwan appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Kirwan fails to show he received ineffective assistance from his trial counsel, we affirm.

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            Terry Cobbins appeals the summary dismissal of his second application for postconviction relief asserting Iowa Code section 822.3 (2019) is unconstitutional.  OPINION HOLDS: Cobbins failed to preserve error on his constitutional contention, so we affirm dismissal. 

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (10 pages)

            A defendant convicted of harassment challenges an order prohibiting him from having in-person contact with his two minor sons for five years.  OPINION HOLDS: As the defendant did not preserve error on his challenge to the no-contact order involving his older son, we limit our review to the no-contact order involving his younger son and to his substantive due process challenge.  Because we find the district court correctly determined that his younger son was a victim of the defendant’s public offense, and because the defendant’s substantive due process claim lacks merit, we affirm the ruling.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Langholz, J., takes no part.  Opinion by Buller, J.  (22 pages)

            A professor appeals from judicial review affirming discipline following findings of research misconduct.  OPINION HOLDS: Finding the university did not act unconstitutionally or in violation of its rules, policies, or procedures, we affirm.

            Appeal from the Iowa District Court for Cedar County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Blane, S.J.  Buller, J., takes no part.  Opinion by Schumacher, J.  (7 pages)

            Zachary Hayes appeals the district court’s denial of his application for postconviction relief.  He asserts ineffective assistance of trial counsel, arguing counsel failed to challenge the sufficiency of the evidence on one count and failed to request jury instructions on lesser-included offenses.  OPINION HOLDS: As Hayes failed to show ineffective assistance of counsel regarding the sufficiency-of-the-evidence claim and failed to preserve error on the jury-instructions claim, we affirm the district court’s denial of the application for postconviction relief.  And we do not address the ineffective assistance of postconviction counsel.

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            John and Trisha Krughel appeal from a judgment ordering them to demolish a building on their property because it was built in violation of restrictive covenants.  OPINION HOLDS: The Krughels built a building on their lot in violation of the lot’s restrictive covenants.  Their argument that it was impossible or impractical to seek approval of their subdivision’s building committee fails because the building committee existed and the Krughels had notice of that fact.  And we decline to consider the Krughels’ new laches and estoppel-by-acquiescence arguments because they did not preserve error by raising them with any specificity in the district court.  So we affirm the district court’s order to demolish the building.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Patrick Isabell appeals his convictions for robbery in the first degree, burglary in the first degree, and going armed with intent.  He claims there was not sufficient evidence to show he had a gun.  OPINION HOLDS: Upon our review, we affirm.  

            Appeal from the Iowa District Court for Sac County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Diaz contends his conviction violated his constitutional rights, his sentence is illegal, and the district court should have ordered a competency evaluation.  OPINION HOLDS: Because neither Diaz’s conviction nor sentence violated his constitutional rights or constituted error, we affirm both.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (12 pages)

            Ryan Bigg appeals the child support, spousal support, and attorney fees awarded to Rachael Bigg in their dissolution-of-marriage decree.  OPINION HOLDS: On our de novo review of the record, we modify the dissolution decree to award Rachael transitional spousal support for eighteen months.  We affirm the award of trial attorney fees to Rachael and deny her request for appellate attorney fees.  The case is remanded to the district court for recalculation of child support.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Schumacher, P.J.  (9 pages)

            Danah Kleppe appeals her conviction for operating while intoxicated.  Kleppe claims the district court should have granted her motion to suppress.  She asserts that an officer did not have probable cause to stop her vehicle because the evidence does not show that she committed a traffic violation.  OPINION HOLDS: Kleppe turned left at two intersections without signaling.  We find that because of the presence of another vehicle at one intersection, the proximity of the officer, and the totality of the circumstances, the officer had reasonable suspicion to stop Kleppe’s vehicle.  We affirm the district court.

            Appeal from the Iowa District Court for Poweshiek County, Shawn Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals from a ruling declining to modify child-support obligations.  The mother requests appellate attorney fees.  OPINION HOLDS: We agree with the approach taken by the district court; we affirm and grant the mother’s request for attorney fees.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., Langholz, J., and Carr, S.J.  Opinion by Langholz, J.  (6 pages)

            Melvin Hardgraves appeals from the denial of his petition to modify a custody order to obtain physical care of his eight-year-old daughter, who is currently placed in the care of her mother, Ica Goulette.  OPINION HOLDS: Hardgraves has not met his heavy burden to show a substantial change in circumstances warranting modification of the current physical-care order.  We thus affirm the district court’s denial of his modification petition.  We also deny Goulette’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            S.M., a minor child, appeals the juvenile court’s adjudication of him as a delinquent child, finding that he committed the delinquent acts of domestic abuse assault causing injury or mental illness and domestic abuse assault while using or displaying a weapon.  OPINION HOLDS:  Because sufficient evidence supports these findings, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Bryan Halfhill appeals his convictions of second-degree sexual abuse and lascivious acts with a child.  He challenges the district court’s denial of his motion for new trial, claiming the verdicts are contrary to the weight of the evidence.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Langholz, J., takes no part.  Opinion by Schumacher, J.  (8 pages)

            The City of Dubuque appeals the district court’s ruling that granted Dubuque County’s motion to dismiss in this action to determine which entity is responsible for future maintenance of a cemetery.  OPINION HOLDS: Because the City is the governmental subdivision with jurisdiction over the cemetery under Iowa Code section 523I.316 (2020), we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Troy Rees appeals the sentence imposed, arguing he was denied his right of allocution.  OPINION HOLDS: Because the court afforded Rees and his attorney the opportunity to volunteer information regarding his punishment, there was substantial compliance with the rule and the court did not deny him his right of allocution.  Finding no defect in the sentencing procedure, we affirm.

            Appeal from the Iowa District Court for Adair County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            A father appeals the adjudicatory and dispositional orders in child-in-need-of-assistance (CINA) proceedings.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support the CINA orders.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A biological father appeals the termination of his parental rights.  OPINION HOLDS: Because case law forecloses two of the father’s claims and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two sons contending the State did not prove the statutory grounds for termination and the court should have found statutory exceptions to termination.  OPINION HOLDS: The State proved the statutory grounds for termination, and we agree with the juvenile court that neither of the exceptions asserted applies in this case.  Thus, we affirm the termination. 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            A mother appeals the adjudication and dispositional order in child-in-need-of-assistance (CINA) proceedings concerning her child.  OPINION HOLDS: We affirm the adjudication of the child as CINA under Iowa Code section 232.96A(3)(b), (5), (14), (15), and (16) (2023).  We reverse the adjudication of the child as to Iowa Code section 232.96A(2).  We affirm the disposition.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination and contends that termination is not in the child’s best interests, citing her bond with the child and preference for establishment of a guardianship over termination.  OPINION HOLDS: The State established the child could not be safely returned to the mother’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  Termination rather than a guardianship best serves the child’s best interests.  And the parent-child bond is not so strong to preclude termination on that basis.

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (15 pages)

            The juvenile court terminated the mother’s parental rights to F.F., born in 2022, pursuant to Iowa Code section 232.116(1)(h) (2023).  On appeal, the mother challenges the statutory ground for termination, argues the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the child, and contends termination is not in the child’s best interests.  Alternatively, the mother maintains she should have been given more time to work toward reunification.  The mother also raises claims outside of our typical three-step review, asserting F.F. should have been immediately returned to her care after she decided she wanted to parent and the court erred in terminating her rights while leaving intact the rights of a possible biological father.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            A father appeals the termination of his parental rights to two children, arguing termination is contrary to the children’s best interests, the juvenile court should have applied permissive exceptions to termination, and he should be afforded additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Finding the statutory grounds for termination are met, the best interests of the children support termination, and declining to address issues not preserved for our consideration, we affirm the order terminating the mother’s parental rights.

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

            A mother appeals the termination of her parental rights to her four-year-old daughter and six-year-old son.  She contends the State did not prove the children could not be returned to her custody and it was not in their best interests to terminate her rights.  OPINION HOLDS: We find clear and convincing evidence that the mother’s lack of protective capacity regarding her paramour, who is a registered sex offender, would expose the children to the risk of harm.  And after two years out of parental care, moving toward adoption is int the children’s best interests.  Thus, we affirm. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  The father contests that the statutory grounds for termination have been met.  Both parents contend termination is not in the best interests of the child, ask us to consider a permissive exception to termination, and request more time to work toward reunification.  OPINION HOLDS: We find the statutory grounds for termination are satisfied for each parent and that the best interests of the child support termination.  Further, we decline to exercise any exceptions or extensions to termination, so we affirm.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights, claiming the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the children’s best interests, the court should apply a permissive exception to preclude termination, and a guardianship should have been entered in lieu of termination.  OPINION HOLDS: Upon our review, we affirm both appeals.   

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother appeals the adjudication of her four-year-old as a child in need of assistance.  OPINON HOLDS: Because we find the State established the statutory grounds for adjudication and the court’s aid was necessary to enforce services, we affirm.

            Appeal from the Iowa District Court for O’Brien County, Jessica Noll, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            An incarcerated father appeals the termination of his parental rights, raising a reasonable-efforts challenge.  OPINION HOLDS: Because he did not request additional services and we find the efforts provided reasonable under the circumstances, we affirm.

            Appeal from the Iowa District Court for O’Brien County, David C. Larson, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Carlos Martin Sebastian appeals his conviction for operating while intoxicated, challenging the denial of his motion to suppress certain evidence.  OPINION HOLDS: The arresting deputy reasonably conveyed the implied consent warnings to Martin Sebastian before he submitted to chemical testing.  To the extent that Martin Sebastian challenges the admissibility of field sobriety test results, his arguments go to the weight of the results, not the admissibility.  The district court correctly denied the motion to suppress.

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (15 pages)

            Randy Cue appeals the denial of his applications for DNA profiling and postconviction relief.  OPINION HOLDS: Cue has not established his trial and appellate counsel provided ineffective assistance, and his application did not meet the requirements for the court to order further DNA testing.  We affirm.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant appeals his conviction for robbery in the second degree.  He contends the State offered insufficient evidence to prove the assault or threat alternative of robbery.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, we find the record contains sufficient evidence to support the conviction.  Thus, we affirm.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  SENTENCE AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (8 pages)

            Trisha Kountkofsky appeals the restitution order requiring her to pay victim pecuniary damages and category “B” restitution.  OPINION HOLDS: The sentencing court listed incorrect code sections in its restitution order, and we remand with directions to enter a nunc pro tunc order correcting those errors.  We do not address the entry of victim pecuniary damages as Kountkofsky did not exhaust her remedies for challenging them in the district court, and we affirm the category “B” restitution determination as Kountkofsky failed to file a financial affidavit and waived her right to a hearing on her reasonable ability to pay.

            Appeal from the Iowa District Court for Dallas County, Richard B. Clogg, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  Concurrence in part and dissent in part by Ahlers, J. (19 pages)

            Jeff Osborne appeals the district court’s property distribution, valuation, and tax liability assignment following entry of a dissolution decree.  Jaime Ocean cross-appeals the spousal support award and property distribution in the decree.  OPINION HOLDS: We find the property distribution, valuations, and tax liability assignment are equitable, modify the spousal support award, and affirm as modified. PARTIAL DISSENT ASSERTS:  I dissent in part because I find the property distribution to be inequitable and would value an IPERS account using the Benson formula when dividing the parties’ assets.  As my concurrence with the majority’s modification of the spousal-support award is contingent on also modifying the property division as I proposed, I also dissent as to the change to the spousal-support award.  However, I concur with the majority’s decision to deny the cross-appeal challenging the dissolution decree’s life insurance provision.

            Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Heard by Bower, C.J., Buller, J., and Gamble, S.J.  Opinion by Buller, J. (11 pages)

            A criminal defendant appeals his convictions for murder in the first degree and child endangerment resulting in death.  OPINION HOLDS: Because substantial evidence supports the convictions, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J. (11 pages)

            Antonio Kitch appeals the sentences imposed following his guilty plea to neglect or abandonment of a dependent person and Alford plea to child endangerment resulting in bodily injury.  OPINION HOLDS: The sentencing court considered individual circumstances and factors related to Kitch and did not rely on a fixed sentencing scheme.  Although the court made comments about its belief in God, that belief did not influence the sentences imposed.  The court did consider mitigating factors and was not required to list all mitigating factors considered.  For these reasons, we affirm.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (10 pages)

            Angela Vargas and Mitchell Crawford, as parents and next friends of their child, appeal the district court’s ruling granting the defendants’ motion for directed verdict in this medical malpractice case.  The appellants argue they presented substantial evidence to support their claim for lost chance of a better outcome.  OPINION HOLDS: Assuming without deciding that Iowa recognizes a cause of action for lost chance of a better outcome, we conclude the plaintiffs failed to present substantial evidence to warrant submission of the claim to the jury.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Mullins, S.J.* Opinion by Buller, J.  (11 pages)

            A claimant appeals from judicial review following denial of his workers’ compensation claim, asserting the commissioner and district court erred in their interpretation of Iowa’s private-employer drug-testing law and the presumptions afforded positive drug tests under the workers’ compensation statute.  OPINION HOLDS: Because we find the district court and commissioner correctly interpreted the statutes and substantial evidence supports the commissioner’s factual determinations, we affirm.

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

            Daniel Murillo appeals the denial of his application to modify sex offender registry requirements, claiming the court erred in determining he did not satisfy one of the threshold requirements for modification and abused its discretion in otherwise concluding modification should not occur.  OPINION HOLDS: Finding no legal error or abuse of discretion, we affirm the district court’s denial of Murillo’s application to modify.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Heard by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Chicchelly, J.  (8 pages)

            Janelle Wilcox appeals the denial of her petition for judicial review of final agency action, challenging the denial of her request to add stand-alone transportation services to the monthly budget she receives through a home- and community-based services Medicaid waiver program.  OPINION HOLDS: Because the agency reached the correct result by affirming the denial of Wilcox’s request, we affirm the denial of her petition for judicial review.

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

            John Davis appeals the district court’s dismissal of thirteen claims related to fraudulent transfer of real property and conversion of personal property against Christine Frank, Tristan Frank, and Does 1–30.  OPINION HOLDS: Error was not preserved on the issue of the applicability of the doctrine of equitable estoppel, and claims related to the 2014 transfer of property are barred by Iowa Rule of Civil Procedure 1.943.

            Appeal from the Iowa District Court for Floyd County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Douglas Kent Lindaman appeals the denial of postconviction relief from his conviction for assault with intent to commit sexual abuse.  OPINION HOLDS: Because assault with intent to commit sexual abuse is a lesser-included offense of third-degree sexual abuse and the State charged Lindaman with third-degree sexual abuse within the limitations period, we affirm the denial of postconviction relief.

            Appeal from the Iowa District Court for Des Moines County, Clinton R. Boddicker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J. (6 pages)

            A defendant challenges his sentence for enticing a minor.  OPINION HOLDS: Because the court properly relied on the pertinent sentencing factors, we find no abuse of discretion.  Thus, we affirm.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL AND REMANDED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  (13 pages)

            Carlos Wakely appeals spousal support and attorney fee awards following entry of a dissolution decree.  Angela Wakely cross-appeals the district court’s: (i) reduction of spousal support; (ii) amendment to the visitation schedule; and (iii) decision to grant the child tax dependency exemption to both parties on an alternating basis.  OPINION HOLDS: The district court properly awarded Angela spousal support and attorney fees at the district court level.  In its order on the motion to amend, enlarge, or reconsider, the district court incorrectly: (i) decreased the amount of spousal support and (ii) amended the visitation schedule without considering the best interests of the children.  We modify the decree in those respects and remand for calculation of child support under the child support guidelines.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Langholz, J., takes no part.  (7 pages)

            Michael Lajeunesse appeals the dismissal of his petition for mandamus against the Iowa Board of Medicine for failure to state a claim upon which any relief could be granted and the denial of his motion for permissive joinder of his postconviction-relief attorney as a defendant.  OPINION HOLDS: We affirm dismissal of Lajeunesse’s mandamus petition and the denial of his motion for permissive joinder. 

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

            T.M. challenges his delinquency adjudication on the grounds that the juvenile court erred in admitting certain testimony from his father and that insufficient evidence supported the finding that he committed a delinquent act.  OPINION HOLDS: We decline to consider the evidentiary challenge, choosing to conduct our de novo review for the sufficiency of the evidence without considering the challenged evidence.  Following that de novo review, we find sufficient evidence supports the delinquency adjudication.

            Appeal from the Iowa District Court for Fremont County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Carson and Trisha Cusick challenge the enforcement of the settlement agreement between them and Adrienne and Brian Cooper.  OPINON HOLDS:  Because the district court did not err when enforcing the settlement agreement, we affirm.

            Appeal from the Iowa District Court for Hancock County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

A defendant appeals his conviction for sexual abuse in the third degree, claiming the evidence was insufficient to support the conviction because his out-of-court admission was not sufficiently corroborated.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State and drawing all reasonable inferences in the State’s favor, we find there is sufficient “other proof” linking the defendant to the crime and corroborating his admission.  We accordingly affirm his conviction.  

            Appeal from the Iowa District Court for Union County, Elisabeth Reynoldson, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS TO DETERMINE ATTORNEY FEES.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals an ordered child-care variance from the child-support guidelines.  The mother requests appellate attorney fees.  OPINION HOLDS: We affirm the variance, order the father to pay the mother’s reasonable appellate attorney fees, and remand for the district court to determine a reasonable amount.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (8 pages)

            Adam Wuebker appeals from the grant of summary judgment for the defendants concerning a claim for interference with contractual relations.  OPINION HOLDS: We determine the district court did not err in granting summary judgment, and we affirm.

            Appeal from the Iowa District Court for Muscatine County, Tamra Roberts, Judge. AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS. Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (9 pages)

            Petitioner appeals the district court order modifying the child support obligation established in the parties’ dissolution decree.  OPINION HOLDS: The district court order improperly determined the child support obligation using a formula presuming joint physical care.  We find the noncustodial parent is responsible for support.  The requirement to share the children’s expenses other than the uncovered medical expenses is eliminated.  Neither party is awarded appellate attorney fees.  We affirm the district court’s order as modified and remand with instructions for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            Charles Nichols appeals from the district court’s dismissal of his marriage dissolution petition for failing to prove a common-law marriage with Mary Molloy Mauro.  OPINION HOLDS:  While Nichols has much evidence on his side, he has not carried his burden to prove a common-law marriage.  On balance, the parties’ shifting assertions of married and single status in various contexts reflect an intent to serve their personal convenience or financial benefit—not a present intent and agreement to be married.  Given the close merits of this appeal and the relative financial circumstances of the parties, we decline Molloy Mauro’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Appanoose County, Greg Milani, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (6 pages)

            David Duane Boley appeals his convictions and sentences on charges of sexual abuse and incest, contending there is insufficient evidence supporting his convictions and the trial court abused its discretion when sentencing.  OPINION HOLDS: Because substantial evidence supports the verdicts, we affirm his convictions.  But because the trial court abused its discretion when imposing fines, we vacate this portion of the sentence and remand for limited resentencing on this issue.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Schumacher, P.J.  (7 pages)

            An adoptive mother appeals the termination of her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the adoptive mother’s parental rights.  Also, termination of her parental rights is in the best interests of the child.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to their two children.  OPINION HOLDS: Because the State proved grounds for termination by clear and convincing evidence and termination is in the best interests of D.D. and L.D., we affirm.  We also do not find an exception for a bond, nor do we grant the father’s request to defer permanency for six months.  We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  Special Concurrence by Greer, P.J.  (12 pages)

            A mother and father separately appeal the termination of their respective parental rights to their child.  Both argue the Iowa Department of Health and Human Services failed to make reasonable efforts toward reunification and termination is not in the child’s best interests due to the strength of the parent-child bonds.  OPINION HOLDS: The department made reasonable efforts to facilitate reunification.  Termination is in the child’s best interests, and neither parent established a parent-child bond strong enough to forgo termination.  SPECIAL CONCURRENCE ASSERTS: I believe that the mother properly preserved her argument that the department failed to provide reasonable efforts when it provided her with a bus pass in light of her trauma with riding the bus system.  But, because the failure to address the issue with the bus pass did not impact the mother’s visitations, I agree with the majority that we should affirm the termination of the mother’s parental rights.

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

            Parents separately appeal the termination of their parental rights to five children under Iowa Code section 232.116(1)(f) and (h) (2023).  The mother argues termination was contrary to the children’s best interests, she is “bonded with the children,” and “[a]dditional time would have allowed [her] to obtain permanent housing and employment.”  The father argues the lack of visitation-related services after the parents moved to Illinois shortly before the termination hearing constituted a failure to make reasonable efforts at reunification.  OPINION HOLDS: We affirm the termination of the parents’ parental rights.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

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

            Appeal from the Iowa District Court for Marion County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            Michelle Boat appeals her conviction and sentence for murder in the first degree.  OPINION HOLDS: The district court did not abuse its discretion in denying Boat’s motion to strike a potential juror for cause or in denying her motion for mistrial based on prosecutorial error.  The court also did not err in considering Boat’s assets that are exempt from execution when determining her reasonable ability to pay category “B” restitution.  Therefore, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (20  pages)

            A defendant appeals his criminal convictions raising double jeopardy, insufficient evidence, and evidentiary claims.  OPINION HOLDS: We affirm the defendant’s convictions, concluding his rights against double jeopardy were not violated and substantial evidence supported the jury’s verdict finding him guilty of attempt to commit murder.  As for the claimed evidentiary errors, we find no prejudice by the admission of the child’s drawings, error was not preserved on the objection to the forensic interviewer’s testimony, and the photographs showing the victim’s injuries were not so unfairly prejudicial as to outweigh their probative value. 

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Joshua Mitchell appeals the denial of his second application for postconviction relief after pleading guilty to two counts of second-degree sexual abuse.  OPINION HOLDS: Mitchell is barred from relitigating his challenge to the knowing and intelligent nature of his guilty pleas, and he has not met his burden of showing actual innocence. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Chicchelly, J.  Langholz, J., takes no part.  (12 pages)

            On interlocutory appeal of the order denying its motion for partial summary judgment, the State contends the district court erred by finding a document signed by Katherine Avenarius did not express a clear intent to waive personal injury claims resulting from the defendant’s negligence.  OPINION HOLDS:  Because the document does not express an intent to release the State from liability for claims related to its own negligent acts, either in the express language used or the context provided, the district court properly denied the State’s motion for partial summary judgment.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (12 pages)

            Anthony Stock appeals his convictions for first-degree burglary, first-degree robbery, conspiracy to commit a forcible felony, and going armed with intent, challenging the sufficiency of the evidence underlying the convictions and the district court’s denial of his motion for a mistrial.  OPINION HOLDS: Because we find substantial evidence supports the convictions and Stock failed to object and preserve error on his motion for a mistrial, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Jeffrey L. Poulson, Jeffrey A. Neary, and Patrick H. Tott, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (21 pages)

            Justin Lee Borchers appeals his convictions for introducing controlled substances into a jail and possession of controlled substances.  He contends there was insufficient evidence that he introduced the substances into the jail; his waiver of counsel was not knowing, intelligent, and voluntary; the court should have granted his motion to suppress; the court should have ordered a competency evaluation; and the court should have found him incompetent to represent himself.  OPINION HOLDS: We find substantial evidence does not support his convictions for introducing substances into the jail.  We reverse and remand for dismissal of those charges.  But because his other claims fail, we affirm his convictions for possession of controlled substances.  We also remand for resentencing on the remaining convictions.

            Appeal from the Iowa District Court for Appanoose County, Lucy J. Gamon, Judge.  AFFIRMED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (9 pages)

            Matthew Steen appeals the district court’s ruling granting Mallory Logston physical care and the dependency tax exemption and setting his visitation rights.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (11 pages)

            Gustavo Huerta appeals his convictions and sentences after a jury found him guilty of sexual exploitation of a minor and enticing a minor.  OPINION HOLDS: I. Substantial evidence supports the finding that Huerta exchanged messages with a person under the age of sixteen, supporting his conviction for enticing a minor.  Substantial evidence also supports a finding that Huerta caused or attempted to cause a minor to engage in the display of nudity, supporting his conviction for sexual exploitation of a minor.  Because substantial evidence supports his sexual-exploitation conviction under both theories alleged by the State, we do not address Huerta’s constitutional challenge to Iowa Code section 814.28 (2020).  II. The district court exercised its discretion in sentencing Huerta to consecutive sentences.

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (12 pages)

            A defendant appeals his conviction for possession of marijuana.  OPINION HOLDS: Because the court denied Willform his right to self-representation guaranteed by the Sixth Amendment, we must reverse and remand for a new trial on his conviction for marijuana possession. 

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Gary Wise appeals the denial of his application for postconviction relief.  He argues trial counsel provided ineffective assistance because he investigated no defense and “bullied” Wise into waiving a jury trial.  Wise also alleges that he was prejudiced by the subpar performance of his postconviction-relief counsel.  OPINION HOLDS: Wise failed to show that trial counsel breached a material duty in the criminal case and failed to show postconviction-relief counsel’s performance resulted in prejudice in those proceedings.  So we affirm the denial of relief. 

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

            An applicant appeals the denial of his application for postconviction relief, arguing ineffective assistance of counsel.  OPINION HOLDS: Because we conclude that the applicant’s trial counsel did not breach an essential duty and the applicant cannot demonstrate prejudice, we affirm.

            Appeal from the Iowa District Court for Crawford County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            Matthew Oney appeals the jury’s guilty verdicts claiming there is insufficient evidence to identify him as the perpetrator.  OPINION HOLDS: We find substantial evidence supports the jury’s verdicts and affirm.

            Appeal from the Iowa District Court for Adair County, Scott J. Beattie, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (6 pages)

            Elijah Daniel Davis appeals his conviction and sentence, contending that there is insufficient evidence supporting his conviction for homicide by vehicle and the district court abused its discretion when sentencing him for child endangerment.  OPINION HOLDS: Because substantial evidence supports the verdict, we affirm his conviction for homicide by vehicle.  But because the district court abused its discretion when imposing the fine for child endangerment, we vacate this portion of the sentence and remand for resentencing on this issue.

No. 22-2040   STATE v. BARNES

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals his sentence following conviction for eleven burglary-related offenses.  OPINION HOLDS: The district court considered its sentencing options before imposing a term of imprisonment and did not abuse its discretion.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (18 pages)

            Sunny Sandry appeals the district court’s decision on judicial review affirming the Iowa Public Employment Relations Board’s (PERB) ruling finding just cause to support her termination from employment with the Iowa Department of Transportation.  OPINION HOLDS: The standard of review here is for whether the agency’s application of law to fact was irrational, illogical, or wholly unjustifiable.  Applying that standard of review, we find that substantial evidence supports the finding that Sandry’s took money from the state and therefore just cause existed for her termination.  As the appellee, PERB did not waive its arguments on appeal by joining in intervenor Department of Administrative Services’s brief, and we affirm.

            Appeal from the Iowa District Court for Davis County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Langholz, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A father appeals the denial of his motion to quash an income-withholding order entered by the Child Support Recovery Unit.  OPINION HOLDS: Because the father did not preserve error on his challenges to the district court’s denial of his motion to quash that order, we affirm without reaching the merits of his claims.

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (8 pages)

            A defendant appeals his convictions for child endangerment and domestic abuse assault, second offense.  The defendant argues the district court abused its discretion in (1) admitting audio recordings of two 911 phone calls; (2) allowing opinion testimony by a police officer that the defendant’s wife was not cooperative; (3) overruling an objection to rebuttal evidence; and (4) denying his for-cause challenge to a potential juror.  OPINION HOLDS: Because the defendant’s claims on appeal were either not preserved for our review or did not result in prejudice, we affirm his convictions.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (28 pages)

            Graphite Construction Group, Inc. (Graphite Construction), the principal contractor on a public construction project, appeals the district court’s ruling that it was not yet due part of the retainage being held by the owner of the project, Des Moines Area Community College (DMACC).  OPINION HOLDS: Because Graphite Construction’s request for release of the full value of the surety bond from the retainage fund was timely and appropriate under Iowa Code section 573.16(2) (2022), and because DMACC cannot rely on section 573.28 to withhold some retainage based on the value of uncompleted labor and materials, we reverse the decision of the district court and remand for an order granting payment from the retention fund in the amount of $82,627.78, plus interest as provided by section 573.16(2).  We deny the request to award attorney fees to Graphite Construction.

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge.  AFFIRMED ON APPEAL; REVERSED ON CROSS-APPEAL.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (13 pages)

            A lifetime beneficiary of a trust appeals the denial of his application for distribution, seeking distribution of remaining 2018 trust net income and a portion of the principal.  Trust remaindermen cross-appeal an order for the trust to pay a portion of the lifetime beneficiary’s attorney fees.  OPINION HOLDS: There is no remaining 2018 net income to distribute, and the trustee did not abuse his discretion when he denied the lifetime beneficiary’s request for a principal distribution.  Accordingly, we affirm on direct appeal.  The district court erred by concluding Iowa Code section 633A.4507 (2019) authorized payment of a portion of the lifetime beneficiary’s attorney fees because the attorney’s efforts did not involve administration of the trust.  Therefore, we reverse on cross-appeal.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (6 pages)

            David Bradford appeals the dismissal of his third application for postconviction relief (PCR).  OPINION HOLDS: Because Bradford already raised and we already decided his claim of ineffective assistance of trial counsel in his first PCR action and it does not qualify under the ground-of-fact-or-law exception, we affirm the PCR court.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (8 pages)

            An employer appeals the district court’s denial of its petition for judicial review, challenging the workers’ compensation commissioner’s ruling that its employee provided timely notice of a workplace injury.  OPINION HOLDS: Because the commissioner’s ruling is supported by substantial evidence, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (11 pages)

            Bernard Fischer appeals the district court’s findings that his siblings did not breach their fiduciary duties as their mother’s agents pursuant to a power of attorney and that they rebutted the presumption of undue influence.  He also appeals the denial of his claim for attorney fees and asks for appellate attorney fees.  OPINION HOLDS: On our de novo review, we find that the agents did not breach their fiduciary duties and rebutted the presumption of undue influence.  The district court did not abuse its discretion in denying attorney fees, and we deny the claim for appellate attorney fees.

            Appeal from the Iowa District Court for Dallas County, Erica Crisp, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. (11 pages)

            A defendant appeals her convictions for operating while intoxicated, second offense, and child endangerment, challenging the sufficiency of the evidence supporting both convictions.  OPINION HOLDS: Because we find there is substantial evidence supporting the jury’s verdict, we affirm. 

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Shad Baltimore appeals the district court decision finding the Dallas County Board of Supervisors (Board) did not act illegally by rezoning a portion of the property owned by Alternate Route Properties, LLC from agricultural to light industrial.  OPINION HOLDS: We find the Board was not required to amend the Dallas County Comprehensive Plan, the Board’s decision was consistent with the comprehensive plan, the Board did not engage in illegal spot zoning, and the Board acted reasonably.  We affirm the district court.

            Appeal from the Iowa District Court for Hardin County, John R. Flynn, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Tabor, P.J. (9 pages)

            A defendant appeals two convictions for third-degree sexual abuse.  He seeks a new trial, alleging the district court should have excluded evidence of the sexual abuse underlying a conviction that we affirmed in his first appeal.  OPINION HOLDS: Because that evidence was admissible under Iowa Code section 701.11 (2022), we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Schumacher, J.  (9 pages)

            Janet Fielder, formerly known as Janet Merry, appeals the dissolution decree that denied her request for spousal support from Dan Merry.  She also seeks appellate attorney fees.  OPINION HOLDS: Due to the amount of assets awarded to the parties and the fact neither party is employed due to age, the court acted equitably in denying Janet’s request for spousal support.  Additionally, we deny Janet’s request for appellate attorney fees.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Gamble, S.J.  Opinion by Bower, C.J. (5 pages)

            Dennis Boone Jr. appeals the sentence imposed by the district court following his guilty plea to possession of a firearm as a felon.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

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

            A workers’ compensation claimant appeals the district court’s ruling on judicial review of the workers’ compensation commissioner’s determination that his claim was barred for untimely notice, arguing the commissioner improperly applied the discovery rule.  OPINION HOLDS: Because claimant did not provide his employer notice of his injury until almost a year after learning of his injury and that the injury was work-related, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert and Lawrence P. McLellan, Judges.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            Cassi Bird appeals the sentence imposed by the district court following her guilty plea to possession of methamphetamine with intent to deliver and tax stamp violation.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

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

            Tyden Clark challenges his sentence following his guilty plea to robbery in the first degree, arguing the district court abused its discretion when weighing the relevant sentencing factors.  OPINION HOLDS: Because we find the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Brandon Lyman appeals his sentence following his convictions for second-degree burglary, two counts of willful injury causing bodily injury, and second-degree attempted burglary.  OPINION HOLDS: The sentencing court did not err in considering Lyman’s character and propensity, the effect of the crimes on the community, and his chances of reform and treatment in imposing a term of incarceration rather than probation.  Therefore, finding no abuse of the sentencing court’s discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            Breck Briley appeals from an order modifying the placement of the parties’ only child from her physical care to the care of the child’s father, Austin Shepherd.  She also tries to appeal an award of trial attorney fees, and Shepherd requests appellate attorney fees.  OPINION HOLDS: Giving the district court’s factual findings the weight they deserve, we agree that placing the child with Shepherd is in the child’s best interests—particularly his interest in being supported to have a relationship with both parents.  Briley’s attempted challenge to the attorney-fee award is not properly before us because the district court did not make a final attorney-fee award in the only order that Briley appealed.  And we decline Shepherd’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Schumacher, P.J.  (4 pages)

            Jessie Teah appeals the dismissal of his application for postconviction relief.  He argues equitable tolling should be applied to save his application from the statute of limitations.  OPINION HOLDS: Because we determine the applicant failed to preserve this issue with the district court, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            Jerry Seuntjens and Seuntjens Farms appeal from an adverse judgment after a bench trial that Seuntjens breached his contract with RCB Porkers 4, LLC by refusing to pay the contracted price for manure from RCB Porker’s hog facility.  OPINION HOLDS: The parties’ contract is unambiguous that the manure price is based on “the commercial fertilizer rate”—not some private rate available only to Seuntjens.  So the district court correctly found that Seuntjens breached the contract when he refused to pay the price calculated based on the commercial rate obtained by RCB Porkers.

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

            A criminal defendant attempts to appeal his guilty plea.  OPINION HOLDS: Because the claim pursued is not yet ripe for adjudication, we dismiss his appeal.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Heard by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (18 pages)

            Matthew Kisting appeals the modification of the decree dissolving his marriage to Sara Bahl.  He challenges the decision to grant physical care of the parties’ children to Sara and contends the court interfered with his parental rights in violation of both the United States and Iowa Constitutions.  He also challenges the district court award of Sara’s trial attorney fees.  Finally, Sara requests an award of appellate attorney fees.  OPINION HOLDS: Because it is in the best interests of the children, we affirm the modification but vacate the portion designating Sara as the sole decision-maker for religious and educational matters.  We find the district court did not interfere with Matthew’s constitutional or parental rights.  Finally, we decline to consider Matthew’s challenge to Sara’s trial-attorney-fees award as premature, and we award Sara appellate attorney fees.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because we find one of the mother’s claims precluded, the child’s best interests support termination, and no permissive exception applies, we affirm.

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

            A mother appeals the termination of her parental rights to her children, claiming termination is not in the children’s best interests and requesting a deferral of permanency or establishment of a guardianship as an alternative to termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Because after our de novo review of the record we find that the children could not be safely returned to the mother’s custody at the time of the termination hearing and reliance on the permissive exception to order a guardianship is unwarranted, we affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Decatur County, John D. Lloyd, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Chiccelly, JJ.  Opinion by Bower, C.J.  (13 pages)

            Gerry Greenland appeals his convictions for assault on a peace officer and attempt to commit murder of a peace officer.  OPINION HOLDS: We find sufficient evidence supports Greenland’s convictions and distinct actions underlie the offenses so the convictions do not merge.  We affirm.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Dominick Marcott appeals the denial of his application for postconviction relief following his guilty plea to operating a motor vehicle without the owner’s consent.  He contends plea counsel provided ineffective assistance.  OPINION HOLDS: Marcott failed to prove counsel breached an essential duty in allowing him to plead guilty, so we affirm the denial of postconviction relief. 

            Appeal from the Iowa District Court for Jackson County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (12 pages)

            After a jury convicted Ryder Sisco of first-degree kidnapping and domestic abuse assault by impeding airflow or blood circulation in 2016, Sisco applied for postconviction relief (PCR), which the district court denied.  On appeal, Sisco re-raises some of his claims of ineffective assistance of trial counsel, asserting he was prejudiced by trial counsel’s failure to (1) object to testimony from the expert criminalist regarding DNA evidence, (2) challenge the State’s proof Sisco removed or confined the complaining witness, and (3) explain the plea offer in a way he could understand.  OPINION HOLDS: Sisco failed to establish any of his claims of ineffective assistance of trial counsel.  We affirm the district court’s denial of his application for PCR. 

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            An applicant appeals the denial of postconviction relief claiming his trial counsel was ineffective in three respects.  OPINION HOLDS: Because we find the applicant did not preserve error on one of his claims and that counsel was not ineffective on the other two, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson (sentencing) and Scott D. Rosenberg (jury trials and guilty plea), Judges.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (12 pages)

            Dylan McCombs appeals his conviction and sentence for first-degree theft, first-degree criminal mischief, willful injury causing bodily injury, assault while displaying a dangerous weapon, extortion, and first-degree harassment.  OPINION HOLDS: We affirm the convictions and sentences, concluding that McCombs failed to preserve error on his challenge to wearing leg shackles at trial, substantial evidence supports that McCombs acted with specific intent and without justification, and the district court did not err or abuse its discretion in imposing consecutive sentences.

            Appeal from the Iowa District Court for Jackson County, John Telleen (summary judgment) and Stuart P. Werling (trial), Judges.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A civil defendant appeals from adverse summary-judgment and breach-of-contract rulings.  OPINION HOLDS:  We affirm, finding the summary-judgment argument waived through failure to order a necessary transcript and substantial evidence and credibility findings support the breach-of-contract ruling.

            Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (8 pages)

            Chad Vice appeals his conviction for delivery of five grams or less of methamphetamine.  He argues (1) the “State failed to disprove entrapment beyond a reasonable doubt” because the “confidential informant was a close personal friend of” his and (2) the district court “abused its discretion and violated [his] due process rights when finding good cause to extend the proceedings under COVID-19 Iowa Supreme Court orders.”  OPINION HOLDS: We conclude the State disproved entrapment beyond a reasonable doubt, the court did not abuse its discretion in denying Vice’s motion to dismiss, and Vice did not preserve error on his due process claim.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (3 pages)

            Creon Davis appeals the sentence imposed following his guilty plea to second-degree sexual abuse.  OPINION HOLDS: The district court was not aware Iowa Code section 901.5(13) (2022) gave it discretion to suspend the special sentence imposed because Davis was a minor at the time he committed the offense.  Because the court was unaware of its discretion, we remand for resentencing.

            Appeal from the Iowa District Court for Greene County, Derek Johnson, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  Dissent by Langholz, J.  (29 pages)

            Hunter Three Farms, an Iowa limited liability company (LLC), appeals from a district court ruling that granted summary judgment in favor of one of the company’s three member-managers.  The district court concluded the LLC lacked standing to sue the member because bringing the claim required unanimous consent of all members and he did not consent to being sued.  OPINION HOLDS: On appeal, we hold that an LLC may sue one of its members under exceptional circumstances if all disinterested members unanimously consent to litigation.  We reverse and remand for further proceedings consistent with this opinion. DISSENT ASSERTS: By default under Iowa’s statute governing LLCs, an LLC must have “the consent of all members” to take the extraordinary action of filing suit against one of its members. Iowa Code § 489.407(2)(d).  Because I would stick with the text of the statute rather than marking it up with an exception of our own creation, I respectfully dissent.

            Appeal from the Iowa District Court for Carroll County, Christopher C. Polking, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (20 pages)

            Two cotenants challenge the district court’s hybrid partition of a family farm.  They also request attorney fees.  OPINION HOLDS: Because we find the district court’s order to be statutorily sound, equitable, and practicable, we affirm and do not award fees.

            Appeal from the Iowa District Court for Chickasaw County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Tabor, P.J.  (10 pages)

            A retailer appeals the district court’s decision finding she breached a noncompete agreement and awarding damages.  OPINION HOLDS: Because the district court properly found a breach of the noncompete clause and its damage assessment was sound, we affirm.  We also award the appellee reasonable appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Copper Kitchen, LLC and its guarantors Besim Maksutoski and Angela Maksutoski appeal the judgment entered in favor of Burkle Co. LLC in Burkle’s breach-of-contract claim and the dismissal of their counterclaims for conversion and trespass to chattel.  Burkle cross-appeals, claiming the district court erred in limiting its damages.  OPINION HOLDS: Finding substantial evidence supports the district court’s ruling, and discerning no legal error on which reversal is warranted, we affirm both the appeal and cross-appeal.

            Appeal from the Iowa District Court for Scott County, John Telleen and Stuart P. Werling, Judges.  AFFIRMED.  Heard by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  Partial Dissent by Tabor, P.J.  (28 pages)

            Homeowner Richard Gerdts appeals the grant of Donan Engineering Co., Inc. and Lance LeTellier’s motions to dismiss and for summary judgment related to denial by his insurance company regarding hail damage to the roof of his duplex.  Gerdts appeals three of those rulings.  OPINION HOLDS:  We affirm the dismissal of the negligence claim on the economic loss rule, and the grant of summary judgment on the third-party-beneficiary claim as Gerdts was not an intended beneficiary.  But we find the district court applied an incorrect legal standard on the tortious-interference-with-contract claim.  Still, we affirm on an alternative theory raised below.  Donan is entitled to summary judgment on the tortious-interference claim as well, and we affirm dismissal.  PARTIAL DISSENT ASSERTS:  I would find Gerdts generated a question of material fact whether Donan wrongfully interfered with the insurance contract, so I would reverse and remand for a trial on the tortious-interference claim.  I concur with the majority on the remaining issues. 

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

            An activities center appeals the amount awarded for damage to its parking lot caused by a painting contractor’s boom truck.  OPINION HOLDS: Because the district court properly approximated the area of damage from photographs and testimony offered into record, we affirm.

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

            Lovell Jonathan Flowers appeals from his conviction of domestic abuse assault, contending the district court’s finding of forfeiture-by-wrongdoing violated his constitutional rights.  OPINION HOLDS: Because we find Flowers forfeited his right to confront the witness and the court did not violate his constitutional rights, we affirm his conviction.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Tabor, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (8 pages)

            A plaintiff appeals from the district court’s grant of summary judgment in favor of the defendants in this defamation case.  The defendants cross-appeal asserting the district court should have granted summary judgment on an additional basis.  OPINION HOLDS: The district court correctly granted summary judgment in favor of the defendants because the publications alleged to be defamatory contained factual and opinion statements protected by the First Amendment.  Because we affirm the grant of summary judgment in favor the defendants we need not address their cross-appeal advocating an alternative basis to affirm.

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  (10 pages)

            Pheasant Trail Seventh Owners Association, Inc. appeals a ruling denying its motion for summary judgment and granting PennyMac Loan Services, LLC’s motion for summary judgment.  The district court determined the Association was not able to assess foreclosure fees or attorney fees incident to third-party foreclosure.  OPINION HOLDS: The Association’s assessed “foreclosure fee” was not an “admission” or “transfer fee” as used in Iowa Code section 504.302(14) (2021), and the Association did not establish a contractual basis for an award of attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  REVERSED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (20 pages)

            Barbara Zellmer appeals from the district court’s declaratory ruling interpreting the terms of Max Lauser’s will to hold that the remaining assets of the Max and Nelda Lauser Trust created under that will should be distributed in nine equal shares to any surviving issue of the beneficiaries named in the will as well as the named beneficiaries who are still living or in existence after the death of Lauser’s wife.  OPINION HOLDS: Because the will includes a provision expressing an intent to limit the distribution of the trust estate to the named beneficiaries and not their issue, the assets remaining in the trust must be distributed in three equal shares to only the named beneficiaries still living or in existence after the death of Lauser’s wife.  We thus reverse the district court.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            Joseph Gast appeals from the decree dissolving his marriage with Shannon Sullivan, granting physical care of their daughter to Sullivan, and ordering him to pay Sullivan rehabilitative spousal support and attorney fees. OPINION HOLDS: On our de novo review, giving the district court’s decisions the deference we must, we cannot say the physical care or spousal support awards fail to do equity.  The court’s award of attorney fees was not an abuse of discretion.  We also decline to award appellate attorney fees and costs.  And Gast failed to preserve error on his due-process or recusal issues by raising them first before the district court.

            Appeal from the Iowa District Court for Butler County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (6 pages)

            The Estate of Sena Wiebke, by and through special executor Monte Keller, appeals the district court’s determination quitclaim transfers made by Wiebke before her death were valid and not subject to undue influence.  OPINION HOLDS: Upon our review, we conclude Keith Wiebke has established by clear and convincing evidence the transfer of properties was not the result of undue influence.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A limited liability company (LLC) and its guarantors dispute whether attorney fees were properly awarded and request we review the award itself for reasonableness.  OPINION HOLDS: We affirm the district court as to the personal guarantors’ liability for attorney fees and reverse as to the LLC.  We affirm the amount of the award finding no abuse of discretion.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  APPEAL DISMISSED. Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  (3 pages)

            Eric LeConte appeals the summary judgment dismissal of his defamation claims.  OPINION HOLDS: LeConte’s appellate brief does not comply with our rules of appellate procedure, and we dismiss the appeal. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            Nicholas Sinclair challenges the denial of his motion to suppress following his conviction for operating while intoxicated.  OPINION HOLDS: Because the stopping officer had specific and articulable facts to support a reasonable belief that Sinclair was involved in criminal activity based on the location of his vehicle in a gated community around the time of two 911 calls reporting a woman “freaking out” and there were no other vehicles in the area that matched the description, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (5 pages)

            A grandfather appeals the district court’s termination of his visitation rights as to his granddaughter.  OPINION HOLDS: Finding the court’s authority to order visitation does not survive the end of the guardianship, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Bobby Tremont Hester Jr. appeals the sentences imposed by the district court, contending the court abused its discretion when sentencing him because it failed to consider certain mitigating factors.  OPINION HOLDS: Because we find no abuse of discretion by the district court, we affirm the sentences.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J. (5 pages)

            Donell Smith Jr. appeals his conviction for second-degree theft, challenging the sufficiency of the evidence.  OPINION HOLDS: The State established Smith intentionally misappropriated cash belonging to his employer.  His conviction is supported by sufficient evidence.

            Discretionary review from the Iowa District Court for Polk County, Brendan Greiner, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., Schumacher, J., and Gamble, S.J.  Opinion by Bower, C.J.  (7 pages)

            Edwin Allen III appeals the sentence imposed following his plea of guilty, challenging the use of information by the district court without providing him notice.  OPINION HOLDS: On discretionary review, because the court considered matters outside the record without notice to Allen prior to sentencing, we reverse and remand for resentencing.

            Appeal from the Iowa District Court for Black Hawk County, William Patrick Wegman, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Sarah Rae Berg appeals her conviction for unauthorized use of a credit card, challenging the denial of her motion to dismiss and the sufficiency of the evidence.  OPINION HOLDS: Upon our review, we affirm Berg’s conviction because there was no violation of the speedy-indictment right and there is sufficient supporting evidence.

            Appeal from the Iowa District Court for Benton County, Cynthia Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            An aunt and uncle who were appointed guardians of two nieces with the consent of the parents under Iowa Code section 232D.203 (2020) appeal the termination of the guardianships after the mother withdrew her consent.  OPINION HOLDS: The district court applied the correct legal standard under the statute and precedent governing termination of voluntary guardianships.  And on our de novo review, giving the court’s thoughtful factual findings the weight they deserve, we agree that the guardians have not shown by clear and convincing evidence that terminating the guardianships would cause the girls physical harm or significant, long-term emotional harm sufficient to carry their burden under the rigorous harm standard. 

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (5 pages)

            A father appeals the termination of his parental rights.  He claims the Iowa Department of Health and Human Services failed to make reasonable efforts toward reunification by not securing the dismissal of a criminal no-contact order that prevented contact between the father and children after the father murdered the children’s mother.  He also argues the juvenile court should have established a guardianship with the children’s stepmother rather than terminating his parental rights.  OPINION HOLDS: The father’s reasonable-efforts challenge fails, and he failed to preserve his guardianship claim.  We affirm.

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

            A mother appeals the termination of her parental rights. OPINION HOLDS: Grounds for termination exist under Iowa Code section 232.116(1)(f) (2023), termination is in the best interest of the children, and the application of a permissive exception to preclude termination is unwarranted.  We affirm.

            Appeal from the Iowa District Court for Mills County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her infant daughter.  OPINION HOLDS: The mother waived most of the issues she raises on appeal.  Termination is supported under Iowa Code section 232.116(1)(h) (2023).  So we affirm. 

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm, rejecting the mother’s challenge to the juvenile court’s fact-finding and concluding termination is supported by the record.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED IN PART AND VACATED IN PART.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (11 pages)

            A mother appeals the order terminating her parental rights to three children.  OPINION HOLDS: Finding in our de novo review that the State proved grounds for termination, termination was in the children’s best interests, the mother could not prove that her bond with the children outweighed the need for termination, and more time for reunification would not be beneficial, we affirm on these issues.  But because the juvenile court did not comply with Iowa Code section 815.9(6) (2023), we vacate its part of the order assessing attorney fees.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

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

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

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because clear and convincing evidence supports a statutory ground for termination, termination is in the best interests of the child, an application of a permissive exception is not warranted, and the department of health and human services made reasonable efforts toward reunification, we affirm.

            Appeal from the Iowa District Court for Crawford County, Kristal L. Phillips, District Associate Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Danilson, S.J.  Opinion by Chicchelly, P.J.  (3 pages)

            A mother appeals the termination of her parental rights to a child.  OPINION HOLDS: Because the State proved the grounds for termination under Iowa Code section 232.116(1)(h) (2023), we affirm. 

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find termination of the mother’s parental rights is in the children’s best interests and an extension of time to work on reunification is unwarranted.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights, claiming termination is not in the best interests of the children and the juvenile court should have established a guardianship in lieu of termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A father appeals the termination of his parental rights to his toddler daughter.  He contends the State did not prove the statutory grounds for termination.  OPINION HOLDS: Because we agree with the juvenile court that the child cannot be safely placed in the father’s custody at the present time, we affirm the termination order.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman-Salic, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father challenges the termination of his parental rights, arguing the State failed to establish statutory grounds for termination, including claiming the Iowa Department of Health and Human Services failed to make reasonable efforts, and contends that termination is not in the child’s best interests.  OPINION HOLDS: The father failed to adequately challenge one of the two statutory grounds authorizing termination and failed to make a timely reasonable-efforts challenge.  Termination is in the child’s best interests.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal from the termination of their parental rights to their children.  Both contend the State failed to prove the grounds for termination cited by the juvenile court, termination was not in the children’s best interests, the court should apply a permissive exception to preclude termination, and a six-month extension would eliminate the grounds for termination.  OPINION HOLDS: Upon our review, we affirm both appeals.   

            Appeal from the Iowa District Court for O’Brien County, Jessica Noll, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            Parents separately appeal the termination of their parental rights to their child under Iowa Code section 232.116(1)(f) (2023).  Both challenge the sufficiency of evidence supporting that ground, argue termination is contrary to the child’s best interests, and ask for application of the permissive exception to termination in section 232.116(3)(c).  OPINION HOLDS:  We affirm, finding the State met its burden for termination under section 232.116(1)(f), termination is in the child’s best interests, and the bond exception should not be applied to preclude termination.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (13 pages)

            Two parents separately appeal termination of their parental rights.  The mother challenges the statutory ground for termination and asserts her bond with the child should preclude termination of her rights, while the father argues multiple permissive exceptions should preclude termination of his rights.  OPINION HOLDS: Because we find the State met the ground for termination and no permissive exceptions apply, we affirm on both appeals.

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

            A mother appeals the termination of her parental rights to her third daughter.  OPINION HOLDS: After our independent evaluation of the facts, we find the State offered clear and convincing evidence to satisfy a ground for termination.  And because the mother’s struggles with substance use, mental health, and instability prevent reunification with C.A., we affirm.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  Dissent by Tabor, J.  (43 pages)

            The State charged five defendants in connection with a drive-by shooting at a Des Moines residence.  A jury found Reath Yak guilty of intimidation with a dangerous weapon, willful injury causing serious injury, and two counts of attempted murder.  On appeal, Yak argues the State presented insufficient evidence to support his convictions.  He also contends the district court erred in denying his challenge to the prosecutor’s peremptory strike of a Black woman from the jury under Batson v. Kentucky, 476 U.S. 79 (1986).  OPINION HOLDS: Because substantial evidence supports each of Yak’s convictions, and because our de novo review does not lead us to a different result on the Batson issue, we affirm.  PARTIAL DISSENT ASSERTS: I concur in the majority’s substantial-evidence analysis.  But I respectfully dissent on the Batson issue.  “Equal justice under law requires a criminal trial free of racial discrimination in the jury selection process.”  Flowers v. Mississippi, 139 S. Ct. 2228, 2242 (2019).  Yak’s trial did not meet that test.  I would find that Yak proved his Batson claim and would reverse and remand for a new trial. 

            Appeal from the Iowa District Court for Greene County, Thomas J. Bice (trial) and Christopher C. Polking (posttrial motions), Judges.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (16 pages)

            On appeal, William Griffin challenges the sufficiency of the evidence to support his convictions, contends the court erred in failing to make the proper inquiry of defense counsel and himself when defense counsel moved to withdraw and declare a mistrial, maintains the court erred in denying his motion for new trial based on him not being present at a deposition and in admitting hearsay statements in a police report.  OPINION HOLDS: There is substantial evidence supporting the convictions.  The court did not abuse its discretion in denying trial counsel’s motion to withdraw under the circumstances.  Griffin entered a written waiver of his appearance at depositions.  And the admission of hearsay was non-prejudicial.  We affirm.

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

            Dayton Elliott appeals his criminal convictions, challenging the sufficiency of the evidence.  OPINION HOLDS: We affirm, concluding there was substantial evidence to support the State’s aiding-and-abetting theory of criminal liability and the marshalling instruction for assault causing serious injury authorized the jury to reach a guilty verdict with aiding and abetting serving as the act causing serious injury. 

            Appeal from the Iowa District Court for Grundy County, Joel Dalrymple, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Ahlers and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Tabor, P.J.  (12 pages)

            Michael Lang appeals his convictions for first-degree murder, attempted murder, and assault on a peace officer with intent to inflict serious injury.  He contends the trial court erred and violated his constitutional right to raise a defense when it refused to give a jury instruction on justification.  OPINION HOLDS: We find Lang’s argument, as raised on appeal, was not preserved in the district court.  So we affirm.  

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (13 pages)

            Robert Peterson appeals from his conviction and sentence for arson in the second degree.  He argues the district court improperly admitted opinion testimony and bad-acts evidence and the court abused its discretion in sentencing him to a ten-year term of incarceration.  OPINION HOLDS: The court acted within its discretion in admitting all challenged evidence and imposing the sentence.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Buller, JJ.  Opinion by Tabor, J.  (13 pages)

            Chanjuok Odhung appeals the denial of his application for postconviction relief (PCR), asserting two claims of ineffective assistance: (1) failure to protect his right to an impartial jury by raising a fair-cross-section challenge and (2) failure to be more specific in moving for judgment of acquittal.  In a third claim, Odhung seeks retrial based on newly discovered evidence—an affidavit provided by his alleged accomplice stating Odhung was not involved in the planning and execution of the bank robbery.  OPINION HOLDS: On the ineffective-assistance-of-counsel claims, Odhung failed to prove prejudice stemming from the performance of his trial or PCR attorneys.  As for the newly discovered evidence, we share the PCR court’s view that it did not warrant a new trial.  We thus affirm the denial of relief.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Heard by Tabor, P.J., Buller, J., and Doyle, S.J.* Opinion by Buller, J.  (23 pages)

A defendant appeals his two convictions for involuntary manslaughter.  He claims the State committed a Brady violation and failed to provide sufficient evidence to support his convictions.  He also asserts those convictions went against the weight of the evidence and the jury’s verdicts were inconsistent.  OPINION HOLDS: Because we find no Brady violation, substantial evidence supported the convictions, the verdicts were not inconsistent, and the convictions were not against the weight of the evidence, we affirm.

            Appeal from the Iowa District Court for Linn County, Angie Johnston, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (10 pages)

            Rayshawn Cribbs appeals his conviction for operating while intoxicated, asserting the court erred in denying his motion in limine and contending there is insufficient evidence to sustain the conviction.  OPINION HOLDS: Finding no abuse of discretion in the court’s evidentiary ruling and substantial evidence supports the jury’s verdict, we affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Frederick Babino appeals the denial of his third application for postconviction relief (PCR) following his convictions for first-degree murder and first-degree robbery in 2000.  Babino argues the district court should have granted his application because of newly discovered evidence that one of the jurors in his underlying criminal trial failed to admit knowing Babino’s co-defendants, suggesting implicit bias on the part of that juror.  The State responds that Babino’s application is time-barred because he failed to assert a new ground of fact that could not have been raised within the statute of limitations so we need not reach the merits of his substantive claim.  OPINION HOLDS: While Babino’s third PCR application was not time-barred, he failed to establish the underlying facts necessary to suggest implicit bias on the part of Juror 2.  Like the district court, we cannot say Babino has shown that a new trial is warranted. 

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (24 pages)

            Scott Hampe appeals the district court’s grant of summary judgment in favor of his employer and its occupational testing service on his statutory claims under Iowa Code section 730.5 (2019) and common- law claims of fraud, invasion of privacy, conspiracy, and reckless disregard, all arising out of a private employer drug test.  OPINION HOLDS: We affirm the entry of summary judgment for the testing service on all claims raised by Hampe.  As to the employer, we affirm summary judgment on all claims except the claims that it violated the testing pool requirements of section 730.5(8)(a), the supervisor training requirements in section 730.5(9)(h), and the uniform disciplinary policy required by section 730.5(9)(b).  We find that genuine issues of material fact remain on those claims, which we remand to the district court for further proceedings.

            Appeal from the Iowa District Court for Black Hawk County, James D. Coil, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            Jacob Denniston appeals after a jury found him guilty of indecent exposure for masturbating in a public place.  OPINION HOLDS: Because substantial evidence supports the jury’s finding that Denniston was masturbating in a public place and Denniston failed to preserve error on his challenge to the weight of the evidence, we affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (9 pages)

            Corey Fenton appeals his conviction and sentence for solicitation of commercial sexual activity.  OPINION HOLDS: Because the district court did not abuse its discretion by admitting a photo into evidence and substantial evidence supports the jury’s verdict, we conditionally affirm Fenton’s conviction.  But the district court applied the incorrect standard in ruling on Fenton’s motion for new trial and imposed an illegal sentence by requiring Fenton to complete the sex offender treatment program as a term of his sentence.  We therefore remand to the district court for further proceedings. 

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            Tony Orr Jr. appeals his convictions and sentences for intimidation with a dangerous weapon, going armed with intent, and person ineligible carrying a dangerous weapon.  He argues (1) there was insufficient evidence to support his identification as the shooter, (2) the jury instruction regarding going armed with intent was a misstatement of the law, and (3) based upon the erroneous jury instruction the sentences for going armed with intent and intimidation with a dangerous weapon should have merged at sentencing.  OPINION HOLDS: (1) sufficient evidence supports the jury verdicts; (2) error was not preserved as to the jury instruction and cannot be considered; and (3) going armed with intent is not a lesser included offense of intimidation with a dangerous weapon and need not be merged.  We affirm the convictions and sentences.

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Danilson, S.J. Opinion by Buller, J.  (8 pages)

            An adult appeals the appointment of a guardian and conservator.  OPINION HOLDS: Because substantial evidence supports the district court’s findings as to the adult’s incapacity and a limited guardianship or conservatorship would be inadequate, we affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (7 pages)

            Matthew Dickey appeals the district court’s dismissal of his petition for judicial review for lack of jurisdiction.  OPINION HOLDS: Because Dickey did not substantially comply with Iowa Code section 17A.19(2) (2022), we affirm the district court’s determination that it lacked jurisdiction over the case.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (16 pages)

            Dean Christiansen appeals the district court’s dismissal of his state constitutional and common law tort claims against municipal employees and a municipality.  OPINION HOLDS: Christiansen’s state constitutional tort claims no longer provide for recovery after Burnett v. Smith, 990 N.W.2d 289 (Iowa 2023).  The district court correctly concluded that his negligence claim is exempted from liability under the emergency response exemption and, as those claims fail, his remaining common law tort claims also do not provide for recovery.  We affirm.

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (12 pages)

            David Roethler and Dale Roethler appeal the district court’s decision considering extrinsic evidence in interpreting the will of their late mother, Veronica Roethler.  OPINION HOLDS: The will as written was not ambiguous.  The district court improperly considered the testimony of the scrivener of the will to find Veronica’s intent was different from the language of the will.  The court rewrote the will to include property in a trust that was not specified by the will to be included in the trust.  We reverse the decision of the district court and remand for further proceedings.

            Appeal from the Iowa District Court for Story County, John R. Flynn, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (3 pages)

            George McGuire appeals the extension of a protective order.  OPINION HOLDS: Because the protective order has expired, this appeal is dismissed as moot.

            Appeal from the Iowa District Court for Hancock County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (9 pages)

            A father appeals a custody-modification order.  He contests the district court finding a substantial change in circumstances and its decision to place physical care with the mother.  OPINION HOLDS: We find the father waived his substantial-change argument and affirm the district court’s modification placing the children in the mother’s physical care.

            Appeal from the Iowa District Court for Winneshiek County, Alan T. Heavens, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Granddaughters Melissa Weber and Shelly Donlon appeal the order dismissing their petition that contests the will and trust of their grandmother, claiming that Nancy and Wayne Jordahl exercised undue influence over her and tortiously interfered with their inheritance.  They further challenge the exclusion of their rebuttal witness.  OPINION HOLDS: Because the district court did not abuse its discretion in its evidentiary ruling, we affirm the exclusion of the granddaughters’ rebuttal witness.  Because substantial evidence supports the district court’s findings, we affirm the denial of the undue-influence and tortious-interference-with-a-bequest claims.

            Appeal from the Iowa District Court for Jackson County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Jay Claeys appeals from the district court’s grant of summary judgment on his challenge to the will of Ross River.  OPINION HOLDS: Because Claeys failed to present sufficient evidence to create a fact dispute that River generally and notoriously recognized Claeys as his son, the district court properly concluded as a matter of law that Claeys is not an heir to River under Iowa Code section 633.222 (2021).  And so Claeys lacks standing to challenge the will.

            Appeal from the Iowa District Court for Plymouth County, Patrick H. Tott, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Tabor, J.  (14 pages)

            Siblings appeal rulings in litigation over their brother’s exercise of an option to purchase farmland in their mother’s will.  OPINION HOLDS: Because we find no abuse of discretion, we affirm the orders denying the motions to amend.  Finding the court properly relied on equitable conversion, we affirm the partial summary judgment for the brother.  And because the court’s treatment of the rent and interest was proper, we affirm those rulings.  But because the district court ordered the siblings and their spouses—who were not joined as parties to the action—to convey marketable title, we remand with instructions for the district court to address that issue.

            Appeal from the Iowa District Court for Webster County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Mullins, S.J.  Opinion by Greer, P.J.  (8 pages)

            DeNico Johnson appeals from the district court’s denial of his application for postconviction relief.  Johnson reiterates his claim, asserting trial counsel failed to inform him that if he engaged in sexual exploitation of a student without using a pattern, practice, or scheme, the offense was not a felony and, if known, he would have elected to go to trial rather than plead guilty.  OPINION HOLDS: Because Johnson did not establish he would have insisted on going to trial if he was told about sexual exploitation by a school employee, an aggravated misdemeanor, his claim of ineffective assistance fails.  We affirm.

            Appeal from the Iowa District Court for Marion County, Brad McCall, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (8 pages)

            The father appeals from a custody decree placing physical care of a child with the mother.  OPINION HOLDS: We affirm the physical-care ruling, finding the child’s wishes, the mother’s support of the child’s relationship with the father, and a preference for stability and consistency with a primary caregiver support the district court’s decree. 

            Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Joseph Johnston appeals from the order granting in part his petition to modify the physical-care, visitation, and child-support provisions of the decree dissolving his marriage to Renata Johnston.  OPINION HOLDS: Joseph has not met his heavy burden to modify the current physical care placement with Renata to joint physical care.  Nor does his changed employment justify a significant boost in his visitation.  Yet we agree with him that his weekly Wednesday night visitation should be overnight rather than just for four hours as the district court ordered.  Given our deference to the district court’s fact findings, we cannot say that the court erred in declining to modify the child-support award.  And it did not abuse its discretion in awarding attorney fees to only Renata and not Joseph.  We likewise decline to award Joseph appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, Katie Ranes, District Associate Judge. AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Paul Doherty, in his capacity as the administrator of the estate of John Doherty, appeals from the denial of his application for order requiring delivery of property.  OPINION HOLDS: We affirm, finding the funds from the sale of John’s home did not belong to the estate and the administrator’s other claims are not preserved.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            Kenneth Cummings appeals the physical care, child support, and property divisions of the decree dissolving his marriage to Katie Cummings.  OPINION HOLDS: On our de novo review, we concur with the trial court’s decree placing the children in Katie’s physical care.  As to child support and the division of assets and liabilities, we find no failure to do equity.  So, we affirm.

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

            Joseph Itani appeals the denial of his application for postconviction relief (PCR) after he pled guilty to enticing a minor under the age of sixteen with a sexual purpose.  On appeal, he contends his trial counsel provided ineffective assistance by allowing him to plead guilty without a factual basis and failing to advise him of an available defense.  OPINION HOLDS: Because we find Itani failed to establish his trial counsel was ineffective, we affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (6 pages)

            Kenneth Balduchi appeals an order denying his motion to adjust withholding and suspension of his child support payments.  OPINION HOLDS: We affirm the district court’s denial of Kenneth’s motion to adjust withholding and suspension of his child support payments.

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

            The defendant appeals his sentence for operating while intoxicated, second offense.  OPINION HOLDS:  Because we find that the sentencing court did not rely on any unreasonable or untenable grounds in imposing a two-year term of imprisonment, we affirm the sentence.

            Appeal from the Iowa District Court for Floyd County, Chris Foy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. (5 pages)

            A defendant appeals the imposition of consecutive sentences upon his criminal convictions.  OPINION HOLDS: Finding no abuse of discretion, we affirm. 

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (5 pages)

            Urban Morris appeals the sentence imposed following his guilty plea to assault causing bodily injury.  OPINION HOLDS: The district court did not abuse its discretion or act on personal bias when sentencing Morris to jail and imposing a fine greater than the statutory minimum fine.

            Appeal from the Iowa District Court for Humboldt County, Hans Becker, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights under Iowa Code chapter 600A (2022), arguing termination is not in the children’s best interests because of the bonds between them and their half-sibling.  OPINION HOLDS: Because we find termination of the mother’s parental rights is in the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Floyd County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  (6 pages)

            The plaintiffs appeal the district court’s order granting summary judgment in favor of the defendants and dismissing the plaintiffs’ claims of gross negligence.  OPINION HOLDS: Upon our review, we affirm the district court’s grant of summary judgment in favor of the defendants.

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Clint Oelberg appeals from the modification order granting physical care of his son to Samantha Oelberg.  OPINION HOLDS: On this record, we cannot conclude that Clint’s home, where American Sign Language is used exclusively, is better than Samantha’s bilingual home for their son’s physical, mental, and social development or for maintaining his connection to Deaf culture.  And given the otherwise closely balanced interests, we agree that placing their son in Samantha’s home with his half-sisters is in his best interests.  We thus affirm the district court’s decision and decline Samantha’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Webster County, Adria Kester, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Tabor, P.J.  (17 pages)

            David Peck appeals the custody, visitation, and financial provisions of his decree of dissolution from Cheyenne Peck.  OPINION HOLDS: We affirm the grant of physical care to Cheyenne but modify the provision on visitation.  We also affirm the child-support award but remand for the court to recalculate the amount and attach the child support guidelines worksheet.  And we affirm the division of marital property, including the court’s determination that David dissipated marital assets.  Finally, we reject David’s request for appellate attorney fees but award those to Cheyenne. 

            Appeal from the Iowa District Court for Tama County, Valerie L. Clay, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (8 pages)

            Mark and Melody Bro appeal from adverse summary judgment on their claim against Jerry Meling, Trustee of the Jerry John Meling Revocable Trust.  OPINION HOLDS: As the appellants’ second suit, filed three years after the dismissal of the first suit, is precluded by res judicata, we affirm the grant of summary judgment to the appellees.

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

            A father appeals the termination of his parental rights to his son.  OPINION HOLDS: Finding that the State satisfied grounds for termination under Iowa Code section 232.116(1)(h) (2023), termination was in his best interests under section 232.116(2), and the father did not offer clear and convincing proof that severing their bond would harm the son under section 232.116(3)(c), we affirm.

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

            A mother appeals the termination of her parental rights to her two children.  She challenges the sufficiency of the evidence supporting a conclusion that the children could not be returned to her custody at the time of the termination hearing, argues termination is contrary to the children’s best interests, and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

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

            A mother appeals the termination of her parental rights to her child.  The mother does not challenge the statutory grounds for termination, but suggests termination is not in the child’s best interests and states that the closeness of the parent-child relationship “argues against termination.”  OPINION HOLDS:  Clear and convincing evidence shows termination of the mother’s parental rights is in the child’s best interests.  The mother failed to meet her burden to establish the permissive parent-child bond exception. 

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (14 pages)

                Intervenors appeal the juvenile court’s dispositional order in a child-in-need-of-assistance proceeding, which denied their motion for modification of placement of L.S.  They argue the court erred in not finding the Iowa Department of Health and Human Services acted unreasonably and irresponsibly in reaching its placement decision, the department and juvenile court “impermissibly relied upon race and national origin” as factors in determining L.S.’s placement, and the court improperly adopted a permanency plan that did not exist.  OPINION HOLDS: On our de novo review of the record, we find the intervenors did not meet their burden to prove that the department failed to act in the child’s best interests by unreasonably or irresponsibly failing to discharge its duties in selecting a suitable placement for the child.  As a result, we affirm the juvenile court’s denial of their motion to modify placement and reject their ancillary claims.