October 2024 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (6 pages)

            A jury found Leon Bearshield guilty of child endangerment causing bodily injury.  On appeal, Bearshield maintains he was denied his constitutional right to testify; he asks us to reverse his conviction and remand for new trial.  The State characterizes the issue differently, noting Bearshield had the opportunity to present a defense—including his own testimony—during his case-in-chief and chose not to do so  Thus, the State maintains the appropriate question on appeal is whether the district court abused its discretion in denying Bearshield’s motion to reopen the record—not whether the court prevented Bearshield from exercising his constitutional right to testify.  OPINION HOLDS: We agree with the State that the issue properly before us is whether the district court abused its discretion in denying Bearshield’s motion to reopen the record.  Following our review, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Mills County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A criminal defendant appeals the denial of postconviction relief.  OPINION HOLDS: Wilson’s trial and appellate counsel did not breach any essential duties by not objecting to the State’s experts or the burden of proof during the criminal trial, and Wilson’s insufficient briefing on appeal waives his ineffective-assistance arguments relating to his life sentences.  We therefore affirm the PCR court. 

            Appeal from the Iowa District Court for Monona County, Tod Deck, Judge.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Greer, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J. (25 pages)

            A criminal defendant contests the exclusion of evidence under Iowa Rule of Evidence 5.412, asserts the district court erred in denying his request for a voluntary-participation instruction, challenges the sufficiency of the evidence for one offense, and claims the district court exceeded its authority in sentencing.  OPINION HOLDS: We find the district court did not abuse its discretion by excluding the evidence under rule 5.412 or in denying his requested instruction, and sufficient evidence supports the conviction of sexual exploitation of a minor.  We sever and vacate part of the sentence and remand for entry of a corrected sentencing order.

            Appeal from the Iowa District Court for Dubuque County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Berwanger moves for postconviction relief on two claims of ineffective assistance of counsel.  The appellant claims that his trial counsel was ineffective because trial counsel did not impeach the complaining child witness and failed to object to vouching testimony.  OPINION HOLDS: We find that the inconsistencies between the child’s trial testimony, deposition, and CPC interview were minor and unlikely to change the outcome of the case.  In addition, the testimony of the expert witness did not rise to the level of vouching testimony.  We affirm on both grounds.

            Appeal from the Iowa District Court for Johnson County, Valerie L. Clay, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Sandy, J., and Telleen, S.J.  Opinion by Ahlers, P.J.  (11 pages)

            Ishmael Carter challenges the sufficiency of the evidence supporting his convictions for arson in the first degree and five counts of attempted murder.  He argues the State failed to present sufficient evidence establishing he was the person who set an apartment on fire and intended to cause the death of the apartment’s occupants.  OPINION HOLDS: The State provided substantial evidence establishing identity and intent.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, C.J., Badding, J., and Carr, S.J.  Buller, J., takes no part.  Opinion by Carr, S.J.  (8 pages)

            William Roland appeals from the district court’s denial of his application for postconviction relief (PCR) related to his criminal conviction in Polk County, arguing his trial counsel was ineffective for failing to object to the lack of unanimity in the charge and jury verdict and failing to consult experts for his defense.  OPINION HOLDS: We affirm the district court’s denial of Roland’s application for PCR.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J. (7 pages)

            Angres Kau appeals his conviction for attempted murder after he stabbed his wife.  He argues he could not form the required specific intent due to his intoxication.  OPINION HOLDS: The State established substantial evidence that Kau had the ability to form specific intent and had the specific intent to kill his wife when he stabbed her in the back with a knife.

            Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Skyler McKasson appeals the district court’s declaratory judgment that an employee of Brown’s Heavy Equipment did not have consent to drive Brown’s truck when it was in an accident with McKasson and thus that Brown’s is not liable under Iowa Code section 321.493(2)(a) (2021) and the employee was uninsured by Cincinnati Insurance Company.  OPINION HOLDS: This declaratory judgment action was tried to the court at law—not in equity.  So we review only for corrections of errors at law—not de novo as urged by McKasson.  Thus, the district court’s factual findings are binding on us if supported by substantial evidence.  Because we agree that substantial evidence supports the district court’s finding that the employee lacked consent to drive Brown’s truck, we affirm the court’s declaratory judgment.

            Appeal from the Iowa District Court for Polk County, Coleman McCallister, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  Langholz, J., takes no part.  (12 pages)

            Inmate Calling Solutions, LLC appeals from the district court’s denial of its application for judicial review of an agency proceeding.  OPINION HOLDS: Inmate Calling Solutions waived its statutory-authority challenges by not raising them before submitting a bid.  The parties involved did not violate the terms of the request for proposal.  The decision to issue the notice of intent to a competitor of Inmate Calling Solutions was not arbitrary and capricious, without a rational basis, or an abuse of discretion.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Tabor, C.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (3 pages)

            Tony Hyde appeals his conviction for second-degree murder.  OPINION HOLDS: The district court did not abuse its discretion in denying Hyde’s motion for new trial.  The weight of the evidence does not show that Hyde was justified based on the severity of the beating he administered to an unconscious victim.  And Hyde’s voluntary intoxication cannot reduce a charge of second-degree murder, which does not require proof of specific intent.

            Appeal from the Iowa District Court for Clinton County, John Telleen and Patrick A. McElyea, Judges.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Tabor, C.J.  Telleen, S.J., takes no part. (5 pages)

            Carlton Douglas appeals his convictions for first-degree murder and possession of a firearm as a felon.  He alleges that two jury instructions misstated the law on self-defense and the two charges should have been severed for trial.  He also urges that his appeal is a candidate for plain-error review.  OPINION HOLDS: Douglas’s trial counsel did not preserve error on either issue.  And we can no longer consider claims of ineffective assistance of counsel on direct appeal.  Finally, we cannot overrule supreme court precedent to adopt plain-error review.  So, we affirm.

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Greer, P.J., Langholz, J., and Doyle, S.J.  Opinion by Langholz, J.  (15 pages)

            A former high school tennis coach, Amie Villarini, appeals a summary judgment ruling dismissing her defamation and wrongful-discharge claims against the Iowa City Community School District arising out of the school district’s online publication of an unabridged video of a public school board meeting, during which two students made purportedly defamatory statements about her.  The school district cross-appeals the denial of its motion to amend its answer to assert a qualified-immunity defense.  OPINION HOLDS: The fair-report privilege defeats Villarini’s defamation claim against the school district because the video recording is an accurate and complete report of an official proceeding.  Villarini’s common-law wrongful-discharge-in-violation-of-public-policy claim fails because she has not identified a clearly defined public policy.  And because the district court properly granted summary judgment on the defamation claim, the school district’s motion to amend its answer to raise an additional qualified-immunity defense was properly denied as moot. 

            Appeal from the Iowa District Court for Mills County, Greg W. Steensland, Judge.  AFFIRMED.  Heard by Greer, P.J., Buller, J., and Gamble, S.J.  Opinion by Greer, P.J.  (17 pages)

            Nicholas Anderson challenges the decree dissolving his marriage to Molly Anderson.  He argues (1) the parties premarital agreement was valid and should have been enforced; (2) the parties should have been awarded joint legal custody instead of giving Molly sole legal custody; (3) the children have been placed in his physical care instead of Molly’s; (4) the district court abused its discretion in ordering him to pay Molly’s attorney fees and, instead, should have ordered Molly to pay his attorney fees; and (5) Molly should be required to pay his appellate attorney fees.  Molly asks that we affirm the dissolution decree and award her appellate attorney fees.  OPINION HOLDS: Following our review of the property distribution, award of legal custody, award of physical care, and the order that Nicholas pay $30,000 of Molly’s attorney fees, we affirm.  We decline to award either party appellate attorney fees.

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (17 pages)

            Darrell Jones appeals the district court’s combined forfeiture order forfeiting over $85,000 in U.S. currency seized during two separate searches of his residence.  On appeal, he argues that (1) there was insufficient evidence that all the currency forfeited were the proceeds of marijuana trafficking; (2) the forfeitures violated the Excessive Fine Clauses of the state and federal constitutions; and (3) the district court lacked subject matter jurisdiction over one of the forfeiture actions.  OPINION HOLDS: We affirm the ruling of the district court, finding that (1) substantial evidence supported the district court’s finding the currency seized during the two searches were proceeds of marijuana trafficking; (2) error was not preserved on Jones’s Excessive Fine Clause arguments; and (3) Jones’s subject matter jurisdiction claim is really a challenge to the district court’s authority, which was waived because it was not raised in the district court. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Heard by Badding, P.J., Langholz, J., and Doyle, S.J.  Opinion by Langholz, J.  (14 pages)

            Columbia Insurance Group appeals an interlocutory order of the district court denying its motion for summary judgment on John and Deena Dostart’s claim under Iowa Code section 516.1 (2022) for payment of an unsatisfied consumer-fraud judgment against the company’s insureds who constructed the Dostarts’ new home.  Columbia argues the judgment is not covered by the commercial-general-liability insurance policy because: (1) the consumer fraud was not an occurrence under the policy; (2) the consumer fraud fell within the intentional-act exclusion of the policy; and (3) the judgment was not because of property damage.  OPINION HOLDS: This summary-judgment record lacks sufficient evidence to hold that the insurance policy Columbia issued does not cover the consumer-fraud judgment entered in favor of the Dostarts.  The jury verdict, jury instructions, and judgment entry are not enough to show as a matter of law that the judgment was based on intentional conduct that falls outside the definition of occurrence or within the intentional-act exclusion to the insurance policy nor evidence that the judgment was not from property damage. 

            Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (4 pages)

            Cecil Williamson Jr. appeals the dismissal of his petition.  We agree with the district court that Williamson failed to state a civil claim for which relief could be granted.  OPINION HOLDS: Finding no legal error in the district court’s decision, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Tabor, C.J.  (14 pages)

            After a jury found him guilty of attempted burglary in the second degree and possession of burglar’s tools, Jon Dieckmann appeals the denial of his application for postconviction relief.  He claims that his trial counsel was ineffective in four ways: (1) by not introducing evidence that he purchased business cards to show he was soliciting jobs as a handyman; (2) by not moving for mistrial after the homeowner testified to inadmissible hearsay; (3) by not objecting to the marshaling instruction for attempted burglary in the second degree; and (4) through cumulative error.  OPINION HOLDS: After our de novo review, we find that denial of relief was proper on all four claims.  So, we affirm.

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

            Anthony Hernandez appeals his judgment and sentence after he pleaded guilty to possession of a controlled substance.  He raises seven errors of the district court.  OPINION HOLDS:  We address the sentencing errors and affirm.  But the other errors go to his guilty plea.  Although we have jurisdiction, we lack authority to hear those claims.  So we affirm the judgment and sentence.

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  REVERSED AND REMANDED.  Heard by Tabor, C.J., Ahlers, J., and Telleen, S.J.  Opinion by Tabor, C.J.  (14 pages)

            An employee appeals the district court’s grant of summary judgment to the employer on his national-origin discrimination claim finding his agency complaint was emailed untimely.  OPINION HOLDS: Because the Iowa Civil Rights Commission’s rules setting an emailing deadline of 4:30 p.m. improperly trimmed the 300-day window for filing complaints under the Iowa Civil Rights Act, we reverse the dismissal and remand for further proceedings.

            Appeal from the Iowa District Court for Johnson County, Elizabeth Dupuich, Judge.  AFFIRMED.  Heard by Tabor, C.J., Ahlers, J., and Potterfield, S.J.  Opinion by Ahlers, J.  (10 pages)

            Parents of a deceased University of Iowa student assert claims against the State stemming from the student’s death from hypothermia during a polar vortex.  They appeal an order granting summary judgment in the State’s favor.  They argue that the district court incorrectly concluded that discretionary-function immunity applies to this action, and they argue that the district court abused its discretion when it struck an expert report filed after the deadline because it was a supplemental report.  OPINION HOLDS: We elect to affirm on an alternate basis urged by the State and conclude that the parents failed to generate a question of material fact relating to factual causation.  We also conclude that the district court did not abuse its discretion when it struck the expert report because it was not a supplemental report and it was untimely.

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

            William Burton III appeals the district court’s denial of his application for postconviction relief following his 2019 conviction for second-degree robbery.  Burton claims his trial counsel was ineffective for failing to object to an improper jury instruction.  OPINION HOLDS: Upon our review, we affirm.

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

          A defendant appeals his sentence, asserting an abuse of discretion by the district court.  OPINION HOLDS: We ascertain no abuse of discretion in the district court’s sentencing decision and affirm.

            Appeal from the Iowa District Court for Kossuth County, Ann M. Gales, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Shawn Krug appeals his convictions on speedy trial grounds.  OPINION HOLDS: Because speedy trial was tolled pending Krug’s competency evaluation, we find no abuse of discretion in the district court’s order denying Krug’s motion to dismiss.

            Appeal from the Iowa District Court for Louisa County, Clinton Boddicker, Judge.  AFFIRMED.  Heard by Tabor, C.J., Ahlers, J., and Bower, S.J.  Opinion by Tabor, C.J.  (15 pages)

            Orchard owners Lynn and Stanley Staats sued neighboring farmer Richard Yotter for negligence and trespass.  The jury found for Yotter on both claims, and the district court denied the Staatses’ motion for new trial.  The Staatses appeal, arguing that the district court erred by (1) excluding a warning letter the Iowa Department of Agriculture and Land Stewardship sent to Yotter and (2) allowing the jury to view an electronic exhibit during deliberations.  OPINION HOLDS: We find no error in the district court’s exclusion of the warning letter on hearsay grounds and no abuse of discretion in its decision to allow the jury to view the exhibit on a “clean” laptop.  So, we affirm.

            Appeal from the Iowa District Court for Harrison County, Margaret Reyes, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J. (16 pages)

            A defendant appeals from his convictions for sexual exploitation by a school employee, lascivious conduct with a minor, and indecent contact with a child.  He claims (1) the sexual exploitation convictions involving the victims in counts five, nine, and sixteen “were not supported by evidence of inappropriate touching”; (2) none of the convictions for lascivious conduct with a minor were supported by proof that the victims were never married; (3) the age element was not established for the indecent contact conviction in count three; and (4) the district court abused its discretion by not allowing Work to cross-examine a victim “with specific instances of conduct relating to her character for truthfulness.”  OPINION HOLDS: On our review of Work’s claims, we conclude (1) the evidence was sufficient to convince a rational trier of fact that Work was guilty of sexual exploitation in the challenged counts; (2) the statute criminalizing lascivious conduct with a minor does not require proof of the minor’s marital status; (3) the State concedes the victim for the indecent contact conviction in count three was not a “child,” and we agree; and (4) the claimed evidentiary error is harmless as the defendant still elicited testimony about the witness’s character for truthfulness. 

            Appeal from the Iowa District Court for Jasper County, William A. Price, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Samuel Gurisho Kabo appeals his conviction after a jury found him guilty of eluding.  OPINION HOLDS: Because the court did not err in its jury instructions ruling and substantial evidence supports Kabo’s conviction, we affirm.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J. (9 pages)

            A defendant appeals his conviction for domestic abuse assault, arguing the evidence was insufficient to establish he and his victim were “family or household members,” which was defined to the jury as “persons cohabiting with each other.”  OPINION HOLDS: Because we find substantial evidence supports the jury’s finding of cohabitation, we affirm the defendant’s conviction.

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (12 pages)

            Lori Painter appeals the district court’s order denying her motion to intervene and motion for appointment as co-administrator of the Estate of Jeffery Nagel.  Painter challenges the court’s finding she had failed to prove she was Nagel’s common-law wife.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

            A father appeals the district court’s order granting the mother physical care of their child.  OPINION HOLDS: Upon our de novo review, we affirm the district court’s order awarding the mother physical care. 

            Appeal from the Iowa District Court for Clay County, Andrew Smith, Judge.  APPEAL DISMISSED IN PART AND AFFIRMED IN PART.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J. (7 pages)

            Garret Wassom directly appeals three misdemeanor convictions, challenging whether five exhibits were improperly excluded from trial.  OPINION HOLDS: Wassom has no right to directly appeal his two simple misdemeanor convictions.  And even treating his filings here as an application for discretionary review, Wassom received substantial justice, so we deny discretionary review and dismiss his appeals from the simple assault convictions for lack of jurisdiction.  Wassom failed to preserve error on his constitutional evidentiary arguments challenging the third conviction.  And the district court did not abuse its discretion when excluding the exhibits as irrelevant—that the victim may have briefly interacted with Wassom two, five, or eight months after the event does not make any material fact relating to false imprisonment more or less probable. 

            Appeal from the Iowa District Court for Webster County, Adria Kester, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Tabor, C.J.  (6 pages)

            After pleading guilty to two drug charges and a related weapons charge, Jacob Cullum appeals the denial of his application for postconviction relief (PCR).  He claims his counsel was ineffective for not moving to suppress evidence found during a warrantless search of his car.  OPINION HOLDS: Because the search was justified under the automobile exception to the warrant requirement, counsel had no duty to file a meritless motion.  Thus, we affirm the PCR ruling.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J. (4 pages)

            Alfred Younes appeals his sentence following his guilty plea, claiming the district court abused its discretion by only considering one sentencing factor, community deterrence, when reaching its sentencing decision.  OPINION HOLDS: The district court considered several permissible sentencing factors when reaching its sentencing decision.  In doing so, the district court did not abuse its discretion.

            Appeal from the Iowa District Court for Howard County, Laura Parrish, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (20 pages)

            Children and grandchildren of Godfrey Natvig appeal the dismissal of their action contesting Godfrey’s will.  They challenge “gifts” Michael Natvig made to himself while acting as Godfrey’s attorney in fact; request an inter vivos transfer of eighty acres of farmland to Michael be set aside due to the confidential relationship between Godfrey and Michael, claiming the deed was executed under fraud, duress, and undue influence; and argue the 2016 codicil to Godfrey’s will “was procured by undue influence” and during a time Godfrey “was suffering from an insane delusion.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  Partial Dissent by Buller, J.  (11 pages)

            The City of Davenport, its mayor, and its city council appeal an order sustaining a writ of certiorari declaring that the city council acted illegally by removing Derek Cornette from his office as a city alderman in a proceeding under Iowa Code section 66.29 (2023) and issuing an injunction reinstating Cornette to his office.  OPINION HOLDS: Because Cornette’s term in office ended while this appeal was pending—and he was not reelected to another term—this certiorari proceeding seeking reinstatement to that office is moot.  So we reverse the district court’s ruling sustaining the writ of certiorari and reinstating Cornette and remand to the district court with directions to dismiss this case with prejudice.  DISSENT IN PART ASSERTS: Because I would find the appeal moot but not reverse the district court ruling, I dissent in part.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A defendant appeals the district court’s determination that she has the reasonable ability to pay category “B” restitution.  OPINION HOLDS: Because the court did not err in making that determination, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, P.J.  (20 pages)

            Property owners Michael and Diane McKee appeal a district court decision denying them relief in a dispute with the City of Council Bluffs over surface water drainage.  OPINION HOLDS: On our de novo review of the record, we agree with the district court that although the City’s property is the dominant estate, the City was not responsible for the damage the McKees claim their property has suffered from the surface water drainage.  We accordingly affirm the court’s dismissal of the McKees’ claims for declaratory or mandamus relief, private nuisance, and pure nuisance.

            Appeal from the Iowa District Court for Monroe County, Greg Milani, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Chicchelly, J.  (11 pages)

            Anna Stoner appeals the judgment entered for Kassi and Tyler Taft on her premises liability claim after she was injured while helping the Tafts catch a pony on their property.  OPINION HOLDS: Iowa Code section 673.2 (2020) provides a negligence standard for the liability of owners of domesticated animals rather than an affirmative defense that the Tafts were required to plead.  The activity Stoner was engaged in when she was injured falls under the definition of domesticated animal activity under chapter 673.  Thus, the district court properly instructed the jury on the statute. 

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Chicchelly, J., and Mullins, S.J. Opinion by Chicchelly, J.  (11 pages)

            95 Broadway, LLC appeals the district court’s ruling regarding their alleged easement rights over Linda Geske’s adjoining property.  OPINION HOLDS: Because the court did not err in declining to recognize 95 Broadway’s proposed easement, we affirm.

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, C.J., Langholz, J., and Potterfield, S.J.  Sandy, J., takes no part.  Opinion by Potterfield, S.J.  (8 pages)

            Jeremy Eckard appeals the decree dissolving his marriage to Brittney Chapman (formerly Brittney Chapman Eckard).  Jeremy challenges the property distribution, the specifics of the “right of first refusal” provided in the decree, and the court’s order regarding uncovered medical expenses for the parties’ two children.  Brittney asks that we affirm the decree and order Jeremy to pay $5000 of her appellate attorney fees.  OPINION HOLDS: We affirm the dissolution decree entered by the district court; we remand for the district court to determine a reasonable award of appellate attorney fees for Brittney.

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

            Melvin Cardona Cardona appeals the denial of his motion to suppress.  He argues the warrantless stop of his vehicle was not supported by reasonable suspicion or probable cause, so his constitutional rights were violated.  OPINION HOLDS: Following our de novo review, we conclude the stop was justified and affirm the decision of the district court.  

            Appeal from the Iowa District Court for Washington County, Michael Carpenter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A mother appeals a custody order granting her and the father joint physical care of their child, contending she should be granted physical care.  OPINION HOLDS: Because joint physical care between the parties is in the child’s best interests, we affirm the district court’s decision.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (14 pages)

            Melissa Lynn Decker Hurm appeals the physical‑care and economic provisions of the decree dissolving her marriage to Peter Matthew Hurm.  Peter also requests appellate attorney fees.  OPINION HOLDS: Because it is in the best interests of the children to be placed in Peter’s physical care and because the property distribution and income imputation are equitable, we affirm.  We also decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Marshall County, Adria Kester, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (11 pages)

            Natalia Ryner appeals the visitation schedule ordered by the district court as part of a custody dispute.  Specifically, she contends the district court’s summer visitation schedule, which takes effect when the child is five years old, is inappropriate.  OPINION HOLDS: Based off the unique facts presented in this case, we believe a modification of the summer visitation schedule is necessary.  Instead of nearly eight weeks of what, in practice, will likely be uninterrupted summer visitation with the child’s father in Texas, we find the best interest of the child is better served with five weeks of uninterrupted summer visitation.  This schedule will take effect when the child reaches the age of five.  We believe such a schedule better considers the situations of the mother and father while still serving the child’s best interests. Lastly, we grant Ryner’s request for appellate attorney fees and remand to the district to determine the amount of such fees. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            Linnhaven, Inc. and its insurer, Accident Fund National Insurance Company/United Heartland, appeal the district court’s denial of their petition for judicial review of the workers’ compensation commissioner’s decision finding that Roger Blasdell’s death benefits are not barred by the willful-injury defense of Iowa Code section 85.16(1) (2016).  OPINION HOLDS: Substantial evidence supports the commissioner’s ruling that Blasdell’s wife’s death was accidental rather than a suicide and that Linnhaven thus failed to meet its burden to prove the willful-injury affirmative defense.  Linnhaven’s alternative argument—that the decision should be reversed because Blasdell did not prove that his wife’s death was caused by a work injury—is not preserved for our review.  It was not decided by the commissioner or the district court, and Linnhaven never clearly raised the issue before the commissioner.

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (8 pages)

            A mother appeals from a decree placing physical care of her child with the child’s father.  OPINION HOLDS: Given the poor communication between the parents, their different approaches to parenting, and the physical distance between their homes, we agree with the district court that joint physical care is not appropriate.  As the child must be placed in the physical care of one of the parents and the father has demonstrated a superior ability to meet the child’s needs, we affirm the district court’s decision to place the child in the father’s physical care.  We do not grant either party appellate attorney fees.

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (7 pages)

            A father appeals the private termination of his parental rights under Iowa Code chapter 600A (2023) for failing to financially support his children.  OPINION HOLDS: The father, although inconsistently employed, had sources of income that could have been used to financially support his children.  While the father believed other debts or purchases were more pressing financial priorities, the father could have provided some amount of child support and chose not to.  Thus, the mother proved the father’s rights may be terminated under section 600A.8(4).

            Appeal from the Iowa District Court for Page County, Donna Bothwell, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Clear and convincing evidence supports terminating the father’s parental rights under Iowa Code section 232.116(1)(h) (2024), and termination serves the child’s best interests.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (12 pages)

            Mother appeals a permanency order of the juvenile court creating a guardianship for her child.  The State argues the appeal was not from a final order.  Mother argues that the Department of Health and Human Services did not make every reasonable effort to reunite the mother with her child.  OPINION HOLDS: We find that the underlying permanency order assigning the child’s foster parents to be guardians is a final order.  We affirm the ruling of the juvenile court creating a guardianship and agree a guardianship is in the best interest of the child. 

            Appeal from the Iowa District Court for Clay County, Andrew Smith, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., and Buller and Langholz, JJ.  Sandy, J., takes no part.  Opinion by Buller, J.  (6 pages)

            A father appeals the physical care provisions of a bridge order.  OPINION HOLDS: Placing physical-care with the mother is in the children’s best interests, and we affirm.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (7 pages)

            A mother challenges the termination of her parental rights.  OPINION HOLDS: We find the majority of the mother’s claims were waived, and the mother’s lack of progress towards reunification was unrelated to the asserted lack of reasonable efforts by the State.  We affirm.

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

            A mother appeals termination of her parental rights to three children.  OPINION HOLDS: Because the mother was unable to take immediate custody of the children as of the termination trial, did not preserve her additional-time request, and her bond with the children does not preclude termination, we affirm. 

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The children could not be safely returned to the mother’s custody.  We reject the mother’s reasonable-efforts challenge.  Termination is in the children’s best interests.  We decline to apply a permissive exception to termination or to grant the mother additional time to work toward reunification. 

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (10 pages)

            The mother and father separately appeal termination of their parental rights to two children.  OPINION HOLDS: We find termination of parental rights to be in the children’s best interests and the children could not return to either parent’s care at the time of trial.  Error was not preserved on the mother’s reasonable-efforts claim.  We affirm on both appeals. 

            Appeal from the Iowa District Court for Greene County, Ashley Beisch, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (11 pages)

            The juvenile court terminated the parental rights of the father of L.C. (born in 2013) and W.C. (born in 2019) and the rights of L.C.’s mother.  The father argues the juvenile court lacked subject matter jurisdiction to decide the termination petition because the appeal of his convictions was not yet completed; the court was wrong to terminate his parental rights because, if the court waited until he was successful on his criminal appeal, the adjudicatory ground would not persist and the statutory grounds for termination would not be met; and, in the alternative, that the juvenile court should have exercised one of the permissive exceptions and established a guardianship in the children’s paternal grandfather in lieu of terminating the father’s parental rights.  The mother of L.C. challenges the statutory grounds for termination, claims the loss of her rights is not in L.C.’s best interests, and maintains the court should have concluded the close bond between the mother and L.C. precludes termination.  OPINION HOLDS: Following our de novo review, we affirm the termination of each parent’s rights. 

            Appeal from the Iowa District Court for Appanoose County, Richelle Mahaffey, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (14 pages)

            A mother appeals the termination of her parental rights to her five children under Iowa Code section 232.116(1) (2024).  A father separately appeals the termination of his rights to the youngest child—both parties’ son.  The mother and father each argue that the State did not prove a ground for termination.  The mother also argues that guardianship was not properly considered as an alternative permanency option.  And the father argues that termination was not in the best interest of his son.  OPINION HOLDS: Clear and convincing evidence supports terminating the mother and father’s parental rights under Iowa Code section 232.116(1)(e) because both parents failed to maintain significant and meaningful contact with the children.  Termination of the father’s parental rights is in the son’s best interest given the father’s failure to obtain substance-use or mental-health treatment, the need for permanency in the son’s life, and the son’s positive foster-home environment.  And guardianship is not a viable option here, especially since the mother did not propose any concrete plan for guardianship. 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (4 pages)

            A father appeals the termination of his parental rights, challenging the statutory grounds supporting termination.  OPINION HOLDS: The State established that the child could not be safely returned to the father’s custody at the time of the termination hearing, satisfying a statutory ground for termination.

            Appeal from the Iowa District Court for Story County, Hunter W. Thorpe, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

            A mother appeals the district court’s order terminating her parental rights to her child pursuant to Iowa Code section 232.116(1)(e), (h), and (I) (2024).  OPINION HOLDS: We affirm the district court’s order, finding the grounds for termination have been met, the termination is in the child’s best interest, and no exception to termination applies.

            Appeal from the Iowa District Court for Dubuque County, Monica Ackley, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (10 pages)

            David John Lehmann appeals both his conviction and sentence for lascivious acts with a child, alleging multiple improper evidentiary rulings, prosecutorial misconduct, constitutional violations, verdict inconsistency, and an abuse of sentencing discretion.  OPINION HOLDS: Because the court abused its discretion by admitting prior‑bad‑acts evidence and Lehmann’s constitutional right to be present was violated, we reverse and remand consistent with this opinion without considering the merits of his other arguments.

            Appeal from the Iowa District Court for O’Brien County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Langholz, J., and Danilson, S.J.  Opinion by Langholz, J.  (9 pages)

            Douglas Kelley—the executor of a trust beneficiary’s estate—appeals the district court’s grant of summary judgment on the estate’s claim that the trustee, Savings Bank Primghar, negligently breached its fiduciary duty to the beneficiary.  OPINION HOLDS:  The bank did not violate any duty owed to the beneficiary as trustee under Iowa law.  Because the beneficiary was provided a copy of the trust’s terms as required by the Iowa Trust Code and he never asked for any more information from the bank, it complied with all its duties under Iowa law.

Appeal from the Iowa District Court for Polk County, Michael D. Huppert and Scott D. Rosenberg, Judges.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (17 pages)

Michael Klein appeals the district court’s grant of partial summary judgment to defendants, dismissing three of his claims, and appeals the district court’s denial of his partial new trial motion.  OPINION HOLDS: Because we no longer recognize standalone causes of action for constitutional tort violations under article 1, section 8 of the Iowa Constitution, we affirm the district court’s grant of summary judgment on Klein’s constitutional claims.  The evidence viewed in the light most favorable to Klein supports the district court’s ruling on Klein’s false arrest, malicious prosecution, and battery claims.  We conclude the district court did not err in denying a new trial based on the evidentiary grounds raised.  And as the attorney-misconduct claim was not preserved for appeal, we do not reach the merits of such claim.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED AND REMANDED.  Heard by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (15 pages)

            Parties to a commercial lease agreement signed one month before the start of the COVID‑19 global pandemic appeal the judgment entered by the district court for nonperformance.  OPINION HOLDS: I. The record supports the trial court’s finding that nonperformance was not excused by impossibility or frustration of performance because any impossibility or frustration of performance was both temporary and partial.  The record also supports its finding that a lease assignment to a third party and the property owner’s settlement with that third party did not release the personal guarantors from their obligation under lease.  Because a claim that the property owner converted the lease deposit to benefit a third party was tied to performance of the lease, the district court properly denied it.  We affirm the award of trial attorney fees.  II. Because a lease provision about the due date for the first month of rent is reasonably open to interpretation, the district court did not err in construing it against the property owner.  We affirm the amount of damages awarded for breach of contract and remand to the district court to determine a reasonable award of appellate attorney fees.

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

            Harold Meyer appeals the denial of his request to modify his status on the sex offender registry.  The district court determined that Meyer was not eligible for modification under Iowa Code section 692A.128(2)(b) (2022) because he did not complete required sex offender treatment programs.  Meyer argues that he was not required to attend sex offender treatment while incarcerated under the reasoning of two Iowa Supreme Court cases from 2009 addressing eligibility for earned time.  OPINION HOLDS: Because substantial evidence supports the determination that Meyer refused to participate in required sex offender treatment, he did not meet the threshold test for modification.  We thus affirm the district court’s denial.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (6 pages)

            Kenneth Adams appeals the denial of his second application for postconviction relief.  OPINION HOLDS: Adams cannot establish any of his attorneys breached an essential duty, so his ineffective-assistance-of-counsel claim fails.

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (9 pages)

            After a warrantless search of Walter Baylor’s vehicle, the district court initially granted Baylor’s motion to suppress, concluding the officers conducted an improper inventory search.  The State moved to reconsider the ruling.  Applying the automobile exception, the district court then reversed course and denied the motion to suppress.  Baylor appeals, arguing the district court’s initial ruling applying State v. Ingram, 914 N.W.2d 794 (Iowa 2018) was correct.  OPINION HOLDS: We find there was probable cause to search the vehicle once an officer observed a digital scale with residue in an open glove box, so the automobile exception applied to search the vehicle without a warrant.  We affirm the district court’s ruling denying Baylor’s motion to suppress and affirm his conviction and sentence.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED AND REMANDED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  Partial dissent by Ahlers, P.J.  (14 pages)

            Ronald Christopher Williams appeals the economic provisions of the decree dissolving his marriage to Beverly Behary Williams, contending the property distribution and spousal support are inequitable.  OPINION HOLDS: Because both provisions are equitable, we affirm.  We also award Beverly appellate attorney fees, but because we lack an attorney‑fees affidavit, we remand to the district court to determine the appropriate amount.  PARTIAL DISSENT ASSERTS: Although I agree with the majority’s decision to affirm the property distribution and award of traditional spousal support, I would not affirm the amount of the spousal support award or the award of appellate attorney fees.  In my view, the statutory factors support a smaller monthly spousal-support award.  As I would modify the spousal support amount, I would also deny the wife’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (11 pages)

            Willie Taylor Sr. appeals from the denial of his application for postconviction relief (PCR) following his guilty pleas over three separate cases.  Taylor challenges the district court’s conclusions that he failed to prove he was under duress at the time of his guilty pleas, claiming the PCR court disregarded much of his evidence; argues he was wrongly advised about the sentence he would receive; and claims the probation-revocation court abused its discretion when it imposed the sixty-year sentence that was previously suspended.  OPINION HOLDS: Because we find that counsel’s actions were consistent with a reasonably competent attorney and the probation-revocation court did not abuse its discretion when it revoked Taylor’s probation and imposed the previously suspended sentence, we affirm the decision of the PCR court.

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (8 pages)

            Joseph Gentile appeals his sentences following his guilty pleas to unauthorized placement of a global positioning device and criminal mischief.  He contends that the district court abused its sentencing discretion by relying on evidence of “unproven and uncharged” conduct, improperly considering legislative intent, and failing to give sufficient reasons for imposing consecutive sentences.  OPINION HOLDS: Gentile fails to produce clear evidence that the district court considered improper information in reaching its sentencing decision.  And the court gave sufficient reasons for imposing consecutive sentences.  Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            A defendant appeals the district court’s determination that he is reasonably able to pay category “B” restitution to the extent of his liquid assets in the amount of $18,800, while the State requests a remand for entry of a nunc pro tunc order to correct the judgment entry to make it consistent with the oral pronouncement of sentence.  OPINION HOLDS:  We affirm, finding no abuse of discretion in the court’s determination of the amount Roberts is reasonably able to pay towards category “B” restitution and concluding the oral and written sentences were consistent.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J. (8 pages)

            Janet Carver appeals her sentences following her guilty pleas to identity theft and second-degree theft.  She contends the district court failed to provide sufficient reasons for imposing consecutive sentences and improperly ordered pecuniary damages for charges not included in Carver’s plea of guilty.  OPINION HOLDS: The district court gave sufficient reasons for imposing consecutive sentences, but the pecuniary damages portion of the sentencing order does not comply with Iowa law.  We affirm in part, vacate in part, and remand.

            Appeal from the Iowa District Court for Union County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Darryn Lyn Dugan appeals the sentence imposed by the district court after pleading, contending the court abused its discretion when sentencing him by admitting unauthenticated evidence, failing to consider certain mitigating factors, failing to follow the recommendation made by the presentence investigation report, and declining to suspend incarceration in favor of probation.  OPINION HOLDS: Because the court did not abuse its discretion by admitting evidence or imposing incarceration, we affirm Dugan’s sentence.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J. (15 pages)

            Timothy Doyle appeals his sentences after he pleaded guilty pursuant to a plea agreement to two counts of sexual abuse in the third degree in violation of Iowa Code section 709.4(1)(b)(2)(d) (2022).  On appeal, he argues that (1) the prosecutor breached the plea agreement; and (2) the district court did not adequately state its reasoning for imposing incarceration and consecutive sentences.  OPINION HOLDS: After our review of the record, we affirm Doyle’s sentences.  We find that (1) the prosecutor adequately remedied his initial misstatement in conveying the sentencing recommendation contemplated by Doyle’s plea agreement; and (2) the district court sufficiently stated its reasons for imposing incarceration and consecutive sentences.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED AND REMANDED.  Considered by Greer, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (11 pages)

            Tara Link appeals the decree granting her and Nicholas Rosenow joint physical care of their child.  OPINION HOLDS: I. We agree that the record shows that joint physical care serves B.L.’s best interests and affirm the physical care provisions of the parties’ decree.  II. We also agree that the record shows that hyphenating both parents’ surnames is in the child’s best interests and affirm the provision of the decree changing the child’s name.  III. Because the record supports an award of Nicholas’s appellate attorney fees but we have no affidavit of attorney fees, we remand to the district court to determine the amount of his appellate attorney fees and enter judgment against Tara in a reasonable amount.

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            Ezekiel Larson appeals his sentence following a guilty plea.  OPINION HOLDS: Larson cannot establish that the district court abused its sentencing discretion.

            Appeal from the Iowa District Court for Page County, Justin R. Wyatt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (4 pages)

            Jennifer Archer appeals the revocation of her deferred judgment and conviction for third-degree burglary, arguing that the district court violated her state and federal due-process rights by doing so without providing a hearing or a statement of the factual basis for the revocation.  OPINION HOLDS: The district court held a revocation hearing—at the same time as the sentencing hearing for the convictions on the new charges that were the basis for revocation.  And the written record of the hearing provides a sufficient statement of the basis for the revocation—especially since Archer did not contest that basis at the hearing.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (22 pages)

            A mother appeals the termination of her parental rights to four of her children.  The mother’s daughter also appeals termination of parental rights as to her.  OPINION HOLDS: We affirm the juvenile court’s ruling because we find (1) the juvenile court had subject matter jurisdiction; (2) clear and convincing evidence supported Iowa Code section 232.116(1)(d) (2023) for termination and the termination is in the children’s best interest; (3) the mother did not preserve her claim that the juvenile court erred in declining to grant her a six-month extension for unification; (4) the GAL’s failure to comply with statutory duties did not amount to reversible error; (5) no structural error occurred; and (6) the mother’s constitutional arguments were waived on appeal.

            Appeal from the Iowa District Court for Bremer County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the termination of her parental rights to her child, contending the State failed to prove the statutory grounds for termination and requesting a six‑month extension to work towards reunification.  OPINION HOLDS: Having found the statutory grounds satisfied and no extension is warranted, we affirm termination of the mother’s parental rights to M.T.

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

            A mother appeals the termination of her parental rights under Iowa Code section 232.116(1)(f) (2024).  She argues the State failed to prove the statutory ground for termination and termination is not in the best interests of the children.  OPINION HOLDS: On our de novo review, we conclude clear and convincing evidence exists in this record to support the statutory ground for termination and termination is in the best interests of the children.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (7 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 a permissive exception to termination or to establish a guardianship in lieu of termination.  And we do not grant the mother additional time to work toward reunification.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

            A mother appeals the termination of her parental rights to her one-year-old and three-year-old daughters.  She argues that terminating her rights was not in the children’s best interests.  OPINION HOLDS: After our independent review of the record, we reach the same conclusion as the juvenile court.  As that court found, termination of the mother’s parental rights is the children’s “best chance at long-term stability, growth, and healthy development.”  So, we affirm.

            Appeal from the Iowa District Court for Wayne County, Patrick W. Greenwood and Monty Franklin, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (14 pages)

            A mother appeals the adjudication of her five children as children in need of assistance, their continued removal from her custody, and the out-of-state placement of the oldest child.  She also contends the State has not made reasonable efforts toward reunification.  Finally, she asserts that returning her children to her custody is in their best interests.  OPINION HOLDS: Because the State did not offer clear and convincing evidence to support adjudication on two of three grounds, we reverse in part and affirm in part.

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (11 pages)

            A mother appeals the termination of her parental rights, arguing (1) there was not clear and convincing evidence that her parental rights should be terminated pursuant to section 232.116(1)(f) (2024); and (2) there was not clear and convincing evidence that termination of the mother’s parental rights was in the best interest of the children pursuant to section 232.116(2).  OPINION HOLDS: We affirm the juvenile court’s termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Badding and Sandy, JJ.  Opinion Per Curiam.  (7 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The father only challenges whether clear and convincing evidence supports the juvenile court decision to terminate his rights.  After reviewing the record, we find that it does and affirm the juvenile court’s decision. 

            Appeal from the Iowa District Court for Jones County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.   Opinion by Danilson, S.J.  Dissent by Ahlers, P.J. (11 pages)

            Michael Dutcher requests we grant him a delayed appeal and address is claim that the district court failed to comply with Iowa Rule of Criminal Procedure 2.23 at sentencing.  OPINION HOLDS: We grant Dutcher a delayed appeal.  We bypass the State’s error-preservation challenge and determine the district court substantially complied with rule 2.23.  DISSENT ASSERTS: Because there is no record evidence supporting Dutcher’s claims to justify granting a delayed appeal, I would not grant a delayed appeal and dismiss the appeal for lack of jurisdiction.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (16 pages)

            Daniel Jackson appeals his convictions for murder, robbery, and burglary, all in the first degree.  He contends there is insufficient evidence to support the verdicts and the district court abused its discretion in evidentiary rulings.  OPINION HOLDS: We find substantial evidence supports the verdicts and the district court did not abuse its discretion when it admitted police officer body camera video depicting the victim near death on the scene and a Snapchat video of Jackson holding a pellet gun.  So, we affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL AND REMANDED WITH DIRECTIONS.  Heard by Schumacher, P.J., Langholz, J., and Doyle, S.J.  Opinion by Langholz, J.  (24 pages)

            Bradshaw Renovations, LLC, a construction contractor hired by Barry and Jacklynn Graham to renovate their home, appeals an adverse jury verdict on the Grahams’ consumer-fraud claims and the district court’s judgment on its unjust-enrichment and quantum-meruit claims.  The Grahams cross-appeal the amount of their attorney-fee award.  OPINION HOLDS: Given the considerable deference owed to the jury, we hold that substantial evidence supports the consumer-fraud verdict.  We also agree that the district court correctly dismissed Bradshaw Renovations’ unjust-enrichment and quantum-meruit claims because they sought damages for matters covered by the parties’ written contract.  And we affirm on the Grahams’ cross-appeal because they failed to raise their claimed error in the district court and thus failed to preserve it for our review.  We agree that the Grahams are entitled to appellate attorney fees for the defense of the consumer-fraud verdict and remand to the district court to determine the reasonable amount.

            Appeal from the Iowa District Court for Dubuque County, Monica Ackley, Judge.  REVERSED AND REMANDED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (13 pages)

            Goosmann Law Firm, P.L.C. appeals the district court’s grant of summary judgment to Hirschbach Motor Lines, Inc. and GR Equipment Leasing, Inc. on an attorney fee dispute.  OPINION HOLDS: We determine there are genuine issues of material fact about the meaning of the contingency fee provision in the parties’ attorney fee contract.  We reverse the district court court’s decision and remand for further proceedings.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED ON BOTH APPEALS AND REMANDED WITH DIRECTIONS ON THE APPEAL OF THE DISSOLUTION DECREE.  Heard by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            Rosanne Samuels appeals the district court’s denial of her petition to vacate a decree dissolving her marriage with one man and its issuance of a decree dissolving another marriage with Mustapha El Khayat rather than granting an annulment.  OPINION HOLDS: Samuels correctly argues that a petition to vacate a decree as void for improper service need not be made within one year.  But even so, she is judicially estopped from making such a challenge to her first dissolution decree because it was issued at her request and based on her position in that proceeding that she made proper service.  The district court thus correctly denied her petition to vacate that first decree and her request for an annulment rather than a dissolution of the second marriage.  We award appellate attorney fees to El Khayat, deny Samuels’s request for fees, and remand with directions for the district court to decide the reasonable amount of fees.

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

            Joseph and Bambi Schmidt appeal the district court’s grant of summary judgment on their breach-of-contract claim challenging an insurance appraisal award that decided the amount of loss to their property from the 2020 derecho.  OPINION HOLDS: The district court correctly granted summary judgment.  The Schmidts do not argue that the appraisal process was infected with fraud, mistake, or misfeasance—the only grounds on which we could ignore the otherwise binding determination of the Schmidts’ loss under their insurance policy.  And the arguments that they do make merely seek to improperly revisit that award.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            A postconviction-relief applicant appeals the dismissal of his claim of ineffective assistance of appellate counsel.  OPINION HOLDS: Because the applicant did not establish prejudice, we affirm.

            Appeal from the Iowa District Court for Benton County, Chad Kepros, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  Special Concurrence by Ahlers, J.  (12 pages)

            Tacoa Talley was tried by jury and convicted of first-degree murder in the death of Jodie Bevans.  Talley appeals three decisions made by the district court: the admission of “enhanced” audio from a Snapchat video, the transcript of the social media video, and the submission of disputed language in a jury instruction.  OPINION HOLDS: We find that the district court did not abuse its discretion in admitting the challenged evidence and did not err in submitting the pertinent jury instruction.  As a result, this court affirms Talley’s conviction.  SPECIAL CONCURRENCE ASSERTS: While I agree with the majority that the challenged jury instruction is a correct statement of the law, I write separately to suggest some improvement could be made to the stock instruction to provide more clarity.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle and Christopher C. Polking, Judges.  AFFIRMED.  Heard by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J. (22 pages)           

            Jordan Webb appeals his convictions for second-degree sexual abuse, incest, and child endangerment.  He contends there is insufficient evidence to support the verdicts and the district court erred in admitting hearsay statements made by the child victim, denying his motion for mistrial based on prosecutorial misconduct, and denying his motion for new trial based on his challenge to the weight of the evidence.  OPINION HOLDS: We find substantial evidence supports the verdicts.  The district court committed harmless error when it admitted the child’s hearsay statements, and it did not abuse its discretion in admitting the statements over Webb’s rule 5.403 objection or denying Webb’s motion for new trial.  Webb failed to preserve error on his prosecutorial misconduct claim.  We affirm.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (11 pages)

            Dale Lyons Jr. appeals his conviction of indecent exposure claiming there was insufficient evidence to convict him, he was not competent to stand trial, and his right to a speedy trial was violated.  OPINION HOLDS: We find there was sufficient evidence to support the jury’s verdict.  Lyons failed to meet his burden to prove incompetency.  Lyons failed to preserve error on the speedy trial issue.  We affirm his conviction and sentence.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by Badding, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (15 pages)

            Leanne Rana appeals the judgment of the district court finding that she breached an express oral contract with Stanley Higdon.  On appeal, she argues (1) the district court erred by not finding Higdon to be an incompetent witness and (2) the evidence was insufficient to establish that she ever manifested assent to a contract.  OPINION HOLDS: We affirm, finding (1) Rana’s competency argument was not preserved for appeal and (2) the record discloses substantial evidence of mutual assent to a contract.

            Appeal from the Iowa District Court for Linn County, Fae E. Hoover-Grinde, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., and Langholz, J., and Gamble, S.J.* Opinion by Badding, P.J.  (7 pages)

            Property Holders, Ltd. appeals a district court order annulling its writ of certiorari that challenged a nuisance property designation.  OPINION HOLDS: While this appeal was pending, Property Holders sold the property at issue, making this appeal moot.  We decline to apply the public-importance exception to the mootness doctrine and dismiss the appeal. 

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

            Richard Mutchler appeals the district court’s denial of his application for postconviction relief following his 2010 convictions for two counts of first-degree murder.  Mutchler claims his trial counsel was ineffective.  OPINION HOLDS: Because Mutchler did not establish prejudice, his ineffective-assistance-of-counsel claims fail.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Crawford County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Following a bench trial, Montoya appealed claiming that the district court lacked authority to try his criminal case without a jury, absent a valid Iowa Rule of Criminal Procedure 2.17(1) waiver.  OPINION HOLDS: Having failed to preserve error on the issue, we affirm Montoya’s convictions and sentence.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Joshua Steven Nelson appeals the sentence imposed after he pled guilty to one count of domestic abuse assault causing bodily injury, second offense.  OPINION HOLDS: Nelson has not met his burden of affirmatively showing the court improperly considered unproven criminal offenses when it sentenced him to a two-year term of incarceration rather than suspending his sentence.

            Appeal from the Iowa District Court for Calhoun County, Blake H. Norman, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Bower, S.J.  Buller, J., takes no part.  Opinion by Bower, S.J.  (6 pages)

            Freddy Crisp appeals the denial of his application for postconviction relief, claiming he alleges he received ineffective assistance of counsel from his trial attorney.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. (11 pages)

            A criminal defendant appeals his convictions for first-degree murder and felon in possession.  OPINION HOLDS: We affirm, finding the defendant was not justified when he used a gun during a fistfight to shoot the victim in the back.  We also find sufficient evidence of the required mens rea elements.  And we discern no abuse of discretion in the district court’s evidentiary ruling concerning the defendant’s statements regarding the “murder weapon.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (17 pages)

            The City of Cedar Falls appeals the district court’s ruling granting International Association of Fire Fighters, Local 1366’s petition for judicial review of a remedy order issued by the Iowa Public Employment Relations Board (PERB).  On appeal, the city argues (1) the district court applied an incorrect standard of review to PERB’s action in this case and (2) did not give the appropriate level of deference typically afforded agency actions.  OPINION HOLDS: We affirm the ruling of the district court, finding (1) PERB’s action in this case violated Iowa Code section 17A.19(10)(i) (2023) and (2) the district court gave the appropriate amount of deference in reviewing PERB’s action.  We remand to the district court with instructions to remand to the Iowa Employment Appeal Board for purposes of fashioning a remedy consistent with this opinion. 

            Appeal from the Iowa District Court for Lee (North) County, Joshua P. Schrier, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (18 pages)

            A criminal defendant appeals his conviction and sentence for second-degree murder.  He raises issues concerning a motion for continuance related to a jury-composition claim, sufficiency of the evidence, and his sentence.  OPINION HOLDS: We affirm, finding no abuse of discretion in denying the requested continuance, the verdict was supported by sufficient evidence, and the sentence complied with our case law for sentencing juvenile murderers to a mandatory minimum.

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

            A juvenile challenges the sufficiency of the evidence to support his delinquency adjudication for second-degree sexual abuse, arguing that the State did not prove beyond a reasonable doubt that the victim’s allegations were true.  OPINION HOLDS: The record shows that the victim was consistent in recalling that D.W. sexually abused her when she was six or seven years old.  We thus find substantial evidence to support the adjudication.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (11 pages)

            Barrett Vonk appeals his conviction and the district court’s ruling on his motion for a new trial.  He argues (1) the jury’s verdict was against the greater weight of the evidence, (2) the district court should have excluded evidence of a pretextual call made to Vonk by the victim and her roommate, (3) the district court allowed improper vouching testimony, and (4) the State engaged in prosecutorial misconduct by placing a sex toy on counsel table in view of the jury.  OPINION HOLDS: The district court did not abuse its discretion in finding the guilty verdict was not contrary to the weight of the evidence or in admitting evidence of the pretextual call.  Vonk failed to preserve error on his final two claims.  We affirm.

            Appeal from the Iowa District Court for Audubon County, Christopher C. Polking, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (15 pages)

            A law firm appeals a declaratory judgment finding their legal malpractice insurers had no further obligation to defend or indemnify.  OPINION HOLDS: Finding the law firm did not meet its contractual obligation to report potential claims, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Jennifer Benson Bahr, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (21 pages)

            Plaintiffs Brady Griffin, as executor of the Estate of Loren D. Griffin, and the Loren Douglas Griffin Irrevocable Living Trust by trustee, Curtis Griffin (collectively, Griffin) appeal the district court’s order granting summary judgment in favor of defendants NYLife Securities LLC, New York Life Insurance Company, and Marlyn McClain (collectively, NYLife) on Griffin’s claims of breach of fiduciary duty, fraudulent non-disclosure, negligent misrepresentation/omission, constructive fraud, breach of contract, negligent supervision/respondeat superior, and punitive damages.  Griffin challenges the court’s application of the relevant statutes of limitations to bar several claims and contends the court erred in granting summary judgment on the remaining claims.  OPINION HOLDS: Upon our review, we affirm the district court’s order granting NYLife’s motion for summary judgment and dismissal of Griffin’s petition.

            Appeal from the Iowa District Court for Muscatine County, Stuart Werling, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Richard Eugene Noll appeals his conviction for possession of a controlled substance, challenging the denial of his motion to suppress evidence obtained as a result of the traffic stop.  OPINION HOLDS: We affirm the district court’s ruling on the validity of the traffic stop but reverse and remand with directions to decide the lawfulness of the search of Noll’s person leading to the discovery of methamphetamine as outlined in this opinion.

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (6 pages)

            A postconviction-relief (PCR) applicant appeals the denial of his motion for continuance and the subsequent dismissal of his PCR application, arguing the district court abused its discretion in denying his motion for continuance and in finding that his trial counsel was not ineffective for failing to assert a justification defense.  OPINION HOLDS: We hold that the PCR applicant has not preserved error on his justification argument and that the district court did not abuse its discretion in denying his motion for continuance. 

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

            Justin Wagoner appeals the denial of his request for class certification against his former employer.  And the employer, Shamrock Hills, appeals the court’s assumption in its ruling that a class action can be asserted as a counterclaim.  OPINION HOLDS: The district court did not abuse its discretion when it denied the class certification.  And we also reach that conclusion by assuming and not deciding that a class action can be asserted as a counterclaim.  Thus, we affirm the district court order. 

            Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford (Trial) and Mark Kruse (Sentencing), Judges.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A criminal defendant claims insufficient evidence supported his conviction for operating while intoxicated.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, the jury could reasonably consider the totality of the circumstances—the defendant was found passed out over the steering wheel, the vehicle was still in drive in the middle of the road, he smelled of alcohol, his speech was slurred, and his eyes were bloodshot—and conclude the defendant operated his vehicle while under the influence of alcohol. 

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (6 pages)

            Neil Evans challenges the denial of his PCR application after he pled guilty to OWI, third offense.  Evans argued he received ineffective assistance from trial counsel, who failed to advise him that if he pled guilty he could not challenge the district court’s denial of his motion to suppress.  The State responds both that counsel did not have a duty to advise Evans and that Evans failed to establish he was prejudiced.  OPINION HOLDS: Because the Iowa Rules of Criminal Procedure fail to establish that counsel must inform accused of the forfeiture of the right to appeal a suppression ruling under prevailing standards of professional norms, we affirm the decision of the district court.

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

            Edgar Washington appeals his conviction for assault causing bodily injury, arguing the sentencing court abused its discretion by not giving enough weight to the mitigating factors he raised.  OPINION HOLDS: The court properly considered and weighed both mitigating and aggravating factors.  So, we affirm Washington’s sentence.

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

            A father appeals from a district court order requiring him to pay cash medical support.  OPINION HOLDS: Because the father failed to request a transcript of the Iowa Code chapter 252H (2023) review hearing, and the transcript was necessary for a review on the merits, we affirm.

            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 Badding, J.  (11 pages)

            A mother appeals the juvenile court’s termination of her parental rights, claiming that the statutory ground was not satisfied, and that termination is not in the children’s best interests.  OPINION HOLDS: Due to the mother’s domestically violent relationship with the children’s father, we hold the statutory ground was met and terminating the mother’s parental rights was in the children’s best interests. 

            Appeal from the Iowa District Court for Clay County, Andrew Smith, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Sandy, J., takes not part.  Opinion by Langholz, J.  (10 pages)

            A mother appeals the termination of her parental rights to her two sons.  She argues that the State failed to prove grounds for termination, termination was not in her sons’ best interests, and that the juvenile court should have given her six more months to work toward reunification.  OPINION HOLDS: The State proved termination is warranted under paragraphs “f” and “h” of Iowa Code section 232.116(1) (2023).  And the mother’s substance use, both boys’ special needs, and their twenty-two months in foster care all show that the boys are best served by the consistency and finality of terminating the mother’s parental rights.

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

            A father appeals the termination of his parental rights to his children.  He contends termination is not in the children’s best interests, and he requests a guardianship and bridge order as an alternative to termination.  OPINION HOLDS: Upon our review, we affirm.  

            Appeal from the Iowa District Court for Chickasaw County, Linnea M.N. Nicol, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (10 pages)

            A mother appeals the district court’s adjudication that her daughter is a child in need of assistance as defined in Iowa Code sections 232.96A(2), (3)(b), and (4) (2024) arguing that insufficient evidence supported the adjudication, her witnesses were more credible than the children, the district court considered impermissible hearsay, and the district court relied on “ex parte evidence.”  OPINION HOLDS: Because the evidence presented by the State was clear and convincing, we affirm. 

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

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: Clear and convincing evidence supports terminating both parents’ rights under Iowa Code section 232.116(h) (2023), termination is in the child’s best interests, no statutory exception raised is supported by the record, and additional time is unwarranted.  We affirm. 

            Appeal from the Iowa District Court for Decatur County, William Price, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: I. Clear and convincing evidence supports terminating the mother’s parental rights under Iowa Code section 232.116(1)(h) (2024), and termination is in the child’s best interests.  The mother has not shown that termination will harm the child based on the closeness of the parent-child bond, and delaying permanency would not change the result of the proceedings.  II. Clear and convincing evidence supports terminating the father’s parental rights under section 232.116(1)(h) and providing the father with the services he now complains about on appeal would not have affected the finding that the child could not be returned to his custody at the time of the termination hearing.

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

            A mother appeals the termination of her parental rights under Iowa Code section 232.116.  She argues we should exercise jurisdiction over this appeal despite her original notice of appeal being filed in the wrong case and the proper notice being filed late.  On the merits, she contends that the statutory exception under Iowa Code section 232.116(3) should have precluded termination because a relative has custody of her daughter.  OPINION HOLDS: We have appellate jurisdiction because this is a proper delayed appeal.  The mother intended to timely appeal, she was blameless for counsel’s filing misstep, and the delayed filing of the proper notice did not delay the rest of the appellate process.  On the merits, we agree with the district court that the permissive statutory exception is not a basis here to deny termination.

            Appeal from the Iowa District Court for Dallas County, Erica Crisp, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (6 pages)

            A father appeals the termination of his parental rights to a three-year-old daughter, arguing the termination was not in her best interests and the court should have created a guardianship with the child’s aunt.  OPINION HOLDS: The aunt lives out of state, her Interstate Compact on the Placement of Children home study expired, and she has not seen the child in person since the case’s inception.  So, this is not a case where a guardianship would be appropriate.  In addition, the father has unresolved domestic-violence and substance-use issues.  Thus, the termination of his parental rights is in the child’s best interests, and we affirm.

            Appeal from the Iowa District Court for Calhoun County, Joseph McCarville, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (10 pages)

            The juvenile court terminated the mother’s parental rights to Z.H., born in November 2022, pursuant to Iowa Code section 232.116(1)(e), (g), (h), (k), and (l) (2023).  The mother appeals, arguing (1) the juvenile court erred by failing to file a permanency order or make a ruling as to whether she should get additional time for reunification under section 232.104(2)(b); (2) “[t]he court erred in finding clear and convincing evidence that the child[] could not be returned under Iowa Code [section] 232.116”; (3) the Iowa Department of Health and Human Services failed to make reasonable efforts; (4) the court was wrong to find termination was appropriate under section 232.116(2) and (3) because the guardian ad litem failed to fulfill the duties required by section 232.2(25)(b).  OPINION HOLDS: Following our de novo review of the record, we affirm.

            Appeal from the Iowa District Court for Mahaska County, Patrick McAvan, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights, arguing that they should be given more time for reunification and that termination is not in the son’s best interest.  OPINION HOLDS: We find that there is clear and convincing evidence that termination of both parents’ parental rights is in the son’s best interest.  Because neither parent asked for more time for reunification in the juvenile court, they did not preserve error on that issue.

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

            The mother appeals the juvenile court’s dispositional review order in these child-in-need-of-assistance (CINA) proceedings, claiming the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the children and the juvenile court should have concluded the CINA proceedings have served their purpose and close the cases.  OPINION HOLDS: Because these claims are contrary to the stance the mother took at the dispositional review hearing, she waived her right to challenge these rulings.  We affirm. 

            Appeal from the Iowa District Court for Story County, Hunter W. Thorpe, Judge.  AFFIRMED. Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            A mother appeals the termination of her parental rights, arguing that the district court should have applied a permissive exception to preclude termination.  OPINION HOLDS: Upon our de novo review, we affirm.