December 2024 Archive | Most Recent Court of Appeals Summaries

    Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (14 pages)

    John Sanders appeals his convictions for assault causing bodily injury, assault with intent to commit serious injury, and two counts of second-degree robbery.  Sanders challenges the sufficiency of the evidence supporting his convictions and the marshaling instruction on second-degree robbery.  Sanders further claims the court erred by denying his motion to continue sentencing and by failing to ensure a valid waiver of his right to testify.  OPINION HOLDS: Upon our review, we affirm.

    Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Badding, P.J., Langholz, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (19 pages)

    Bryan Watkins appeals his convictions for two counts of assault causing bodily injury, second-degree sexual abuse, and willful injury causing serious injury as a habitual offender.  He claims his waiver of his right to counsel was not knowing, intelligent, and voluntary.  He argues the two counts of assault causing bodily injury should merge as should his conviction for second-degree sexual abuse and willful injury causing serious injury as a habitual offender.  Finally, Watkins challenges the application of the habitual-offender enhancement to his conviction for willful injury causing serious injury.  OPINION HOLDS: Watkins’s waiver of his right to counsel was knowing, intelligent, and voluntary.  And there was no error, nor was an illegal sentence imposed, by applying the habitual offender enhancement.  Because the jury made no finding of separate acts to support Watkins’s conviction of two counts of assault causing bodily injury, those counts merge into one count.  Watkins’s convictions for second-degree sexual abuse and willful injury causing serious injury do not merge.  We remand for entry of a corrected sentencing order merging the two counts of assault resulting in bodily injury.
 

            Appeal from the Iowa District Court for Jefferson County, Mary Ann Brown, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Badding, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            A defendant who pleaded guilty to a felony offense and later had a deferred judgment revoked appeals his plea and sentence.  OPINION HOLDS: Because the defendant has not alleged he would not have pleaded guilty but for the alleged defects in his plea, we lack authority to vacate his plea under Iowa Code section 814.29.  As for his sentence, we agree the prosecutor breached the plea agreement by failing to recommend the criminal fine be suspended.  Therefore, we vacate the sentence and remand for resentencing before a different judge.

    Appeal from the Iowa District Court for Linn County, David F. Staudt, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 pages)

    Brian Ketelsen appeals the denial of his application for postconviction relief (PCR).  He claims that he received ineffective assistance from trial counsel, some errors amounted to structural error, he should receive a new trial due to juror misconduct, and the PCR court’s conclusions were based on a faulty fundamental premise.  OPINION HOLDS: Ketelsen cannot establish any ineffective assistance claims or structural error.  His juror misconduct claims fail because he does not allege an extraneous influence on the deliberative process.  The PCR court’s conclusions were not based on a faulty fundamental premise.
 

            Appeal from the Iowa District Court for Polk County, Katie Ranes, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            Karen Barnhart appeals the denial of her petition to admit her mother’s will into probate.  She argues the court erred in holding that the will was not signed by two witnesses and that the attached self-proving affidavit was not properly executed because it was cross-notarized by each of the signing witnesses.  OPINION HOLDS: The witness signatures on the self-proving affidavit—which was attached to the will in sequentially numbered pages and dated the same day as testator’s signature on the will—satisfy the statutory requirement for witnesses to sign the will.  The district court thus erred in denying admission of the will on this basis and in refusing to accept further proof of the subscribing witnesses to remedy any defect in the self-proving affidavit.  We do not decide whether the district court was correct in its interpretation of the notarization requirement because regardless the affidavit does not meet the statutory requirement for a self-proving affidavit.

            Appeal from the Iowa District Court for Warren County, Stacy Ritchie, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            Pursuant to a plea agreement, Matthew Clarke pled guilty to and was convicted of assault with a dangerous weapon in 1992.  Clarke filed his third application for postconviction relief in 2022, and the district court summarily dismissed it because it was filed outside the three-year statute of limitations and Clarke was unable to articulate any newly discovered facts or a new ground of law that allowed him to avoid the time-bar.  OPINION HOLDS: Having considered all of Clarke’s arguments that were properly preserved and adequately briefed on appeal, we agree with the district court that Clarke failed to establish an exception to the statute of limitations that applies to his third application for PCR.  Summary dismissal was appropriate.

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

            Austin Garcia-Shoemaker appeals his conviction for third-degree sexual abuse.  He argues that the district court should have granted his motion for a new trial because the jury’s conclusion that any sex act with his cousin had been “by force or against the will” of his cousin was contrary to the weight of the evidence.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion and Garcia-Shoemaker has not shown that the weight of the evidence preponderates heavily against the guilty verdict.  The testimony of the cousin, the DNA evidence on the clothing and bedding, and the medical examination all support the finding of guilt.  We thus affirm the district court’s denial of Garcia-Shoemaker’s motion for a new trial.

    Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Tabor, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

    Rodney Jackson appeals from the summary disposition of his application for postconviction relief.  OPINION HOLDS: Jackson failed to present any evidence to generate a question of material fact, so the postconviction-relief court correctly granted the State’s motion for summary judgment.
 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J.  Opinion by Schumacher, P.J.  Dissent by Potterfield, S.J.  (8 pages)

            Joellen Eckert appeals the denial of her motion to suppress.  She asserts her arrest was not supported by probable cause and thus the search of her purse was not conducted incident to a lawful arrest.  OPINION HOLDS: Upon our review, we determine the officers had probable cause to arrest Eckert and affirm the district’s court denial of her motion to suppress. DISSENT ASSERTS: While I agree that officers had probable cause to arrest Eckert, I would not end the analysis there.  I understand her challenge on appeal to encompass a broader question—does application of the search-incident-to-arrest exception support the warrantless search of her purse when neither officer safety nor destruction of evidence was a concern?  Because I conclude it does not, I respectfully dissent from the majority. 

            Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge.  AFFIRMED AS MODIFIED.  Considered by Badding, P.J., and Langholz and Sandy, JJ.  Opinion by Badding, P.J.  (9 pages)

            Kristi Baughn appeals the award of reimbursement spousal support to Jeremy Pack in the decree dissolving their marriage.  OPINION HOLDS: We find that because Jeremy did not make economic sacrifices or contributions to Kristi’s advanced degree, he is not entitled to an award of reimbursement spousal support.  We modify the dissolution decree to remove that award and its offset against Jeremy’s share of the marital debt.

            Appeal from the Iowa District Court for Chickasaw County, Alan Heavens, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (20 pages)

            Sharon Kellogg, a transferee of a membership interest in a limited liability company, appeals the district court’s dismissal of her petition to vacate a deed conveying real estate owned by the company.  She claims (1) there was no “valid basis for the substitution” of judges under Iowa Rule of Civil Procedure 1.1802(1), and the court erred in (2) failing to recognize her member status as the personal representative of a deceased member, (3) holding that the managing member did not breach his fiduciary duty to her or violate the operating agreement by selling the company’s real estate, (4) approving a discounted value for her interest in the company, and (5) failing to consider her oppression claim.  OPINION HOLDS: Having found no reversible error on the claims presented to us, we affirm the district court’s ruling.

            Appeal from the Iowa District Court for Fremont County, Greg W. Steensland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Buller, P.J., Langholz, J., and Gamble, S.J. Opinion by Buller, P.J.  Special Concurrence by Langholz, J.  (18 pages)

            Freemont County residents appeal the district court’s order dismissing all claims on a motion to dismiss regarding county ordinances and a proposed wind turbine project against the county and board of supervisors.  OPINION HOLDS: All of the claims other than those alleging open‑meetings violations should have been brought by certiorari and were therefore untimely.  The public‑meetings claims, although pled thinly, were sufficient to survive a motion to dismiss.  We affirm dismissal of all claims but the alleged public‑meetings violations, and we reverse and remand for further proceedings. SPECIAL CONCURRENCE ASSERTS: I join in all the court’s well-reasoned opinion, including its decision not to reach the merits of the plaintiffs’ claim that the repealer clause of the wind ordinance violates Iowa Code section 331.302(4).  I write separately to emphasize that no one should read the court’s opinion as blessing the wind ordinance’s general repealer clause.  In a case where it were necessary to do so, I would not hesitate to hold the repealer clause violates section 331.302(4) because it fails to specify any particular provision that is repealed.

            Appeal from the Iowa District Court for Greene County, Derek Johnson, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Gamble, S.J.  Opinion by Buller, J.  (8 pages)

            Brothers appeal the dismissal of their breach-of-contract claim.  OPINION HOLDS: Because they filed suit after the statutory five-year limitations period had ended, we affirm the dismissal of their case.

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

    Michael Jendro appeals the spousal support and property distribution provisions in the decree dissolving his marriage to Kyla Walther.  OPINION HOLDS: Finding no failure to do equity between the parties, we affirm.  We decline Michael’s request for appellate attorney fees but award fees to Kyla.
 

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (16 pages)

            On interlocutory appeal, Matthew Noehl challenges the district court’s order granting the State’s motion to amend to “change[] the dates of the alleged offense conduct in three different trial informations in the attempt to maintain the adult criminal court’s jurisdiction over [him].”  Noehl claims the court “lacked jurisdiction over his case”; the State’s amendments to the trial information “were not authorized by Iowa law”; and the court erred in “declining to hold an evidentiary hearing to determine jurisdiction.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Badding, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J. (18 pages)

            Nessiah Clark appeals his convictions and sentences for assault while using or displaying a dangerous weapon, felon in possession of a firearm, assault while participating in a felony, intimidation with a dangerous weapon, and use of a dangerous weapon in commission of a crime.  OPINION HOLDS: We find the assault-with-a-dangerous-weapon sentence merges with the intimidation-with-a-dangerous-weapon sentence, vacate the assault sentence and the mandatory minimum on the intimidation-with-a-dangerous-weapon sentence, and remand for resentencing.  We otherwise affirm Clark’s convictions and sentences.

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (6 pages)

                Mathew Rohan Boon appeals after pleading guilty to third‑degree criminal mischief.  OPINION HOLDS: Because Boon failed to establish that he was not competent, we affirm his conviction and sentence.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Heard by Greer, P.J., Buller, J., and Doyle, S.J.  Chicchelly, J., takes no part.  Opinion by Greer, P.J.  (24 pages)

            Following a remand to the district court, we return to the resolution of a dispute involving neighboring landowners and the land use and zoning bodies of Cedar Rapids.  As to efforts to both amend the land use plan and rezone part of one property ahead of its sale, the landowners assert the city’s actions at various levels were arbitrary and capricious and, for those and other reasons, the land use amendments passed are invalid.  OPINION HOLDS: Because our review of a city’s land use and zoning decision is limited, we find the landowners did not make the requisite showing to provide the relief they request.  We affirm the district court’s ruling annulling the writs of certiorari. 

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

    Michael Cruzen appeals his conviction for tampering with a witness, alleging the State failed to prove that he threatened a witness in a pending case against him during a phone call.  He also complains that the court refused to define “threat” for the jury.  OPINION HOLDS: Because substantial evidence supported the jury’s verdict and defining “threat” was unnecessary, we affirm Cruzen’s conviction.
 

    Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Tabor, C.J., Greer, J., and Danilson, S.J.  Opinion by Tabor, C.J. (24 pages)

    After a seven-day trial, a jury convicted Robert Miller III of vehicular homicide by operating while intoxicated (OWI) and serious injury by vehicle by OWI.  On appeal, Miller claims that the district court erred in denying his motion to suppress because police unconstitutionally searched his hospital rooms and then included information from those searches—and omitted other material evidence—in the warrant application for a sample of his blood.  He also claims that the State failed to lay proper foundation under Iowa Code section 321J.11(1) for admission of his alcohol test result because it did not show that a nurse used “new equipment” to draw his blood.  OPINION HOLDS: Finding the district court properly admitted evidence of Miller’s blood alcohol content, we affirm.
 

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  THEFT CONVICTION AND HABITUAL-OFFENDER JUDGMENT AFFIRMED; SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS.  Considered by Buller, P.J., Sandy, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (14 pages)

            A defendant appeals his conviction and sentence for second-degree theft.  He argues the district court erred in (1) denying his motion for directed verdict when the State had presented insufficient evidence to convict him, (2) allowing the prosecutor to burden shift by questioning him on his failure to produce a bill of sale and later commenting on that failure during closing, (3) failing to comply with habitual-offender stipulation requirements such that his stipulation to his prior convictions was not knowing and voluntary, (4) failing to provide any reason supporting its consecutive sentence order, and (5) refusing to set a hearing on the defendant’s challenge to restitution.  OPINION HOLDS: We affirm the defendant’s conviction but vacate the judgment on his habitual-offender enhancement, vacate his sentence, and remand to the district court for proceedings consistent with this opinion.

            Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

            Doren Walker appeals the district court’s denial of his application for modification of the sex offender registry.  Walker argues the district court abused its discretion in focusing on the nature of the offense without considering whether he is currently at risk to reoffend.  OPINION HOLDS: Finding the district court exceeded the scope of its discretion, we vacate the district court’s decision and remand with instructions to grant Walker’s application. 

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

            Juan Nino-Estrada appeals the summary dismissal of his second application for postconviction relief (PCR) following his 2015 convictions for two counts of first-degree murder, one count of attempted murder, and one count of willful injury.  The district court concluded Nino-Estrada’s application was time-barred, which Nino-Estrada challenges, arguing the court misapplied the summary-judgment standards when deciding whether he established a ground-of-fact exception that would allow him to bring his PCR application outside the statute of limitations.  OPINION HOLDS: Even viewing the record in the light most favorable to Nino-Estrada, he cannot establish that the alleged recantations of Erika and Flaco are new grounds of fact that he could not have raised within the limitations period.  For this reason, his second PCR application is time-barred and summary judgment is appropriate. 

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

    A bar owner challenges the dismissal of his petition alleging the city manager violated the law by sending police to his establishment.  The district court found the bar owner’s allegations too vague to meet the heightened pleading standard in Iowa Code section 670.4A(3) (2022).  OPINION HOLDS: Like the district court, we find that the bar owner’s petition failed to “state with particularity the circumstances constituting the violation” and affirm its dismissal.
 

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

            Charles Collins appeals the district court’s denial of his petition for judicial review of the workers’ compensation commissioner’s ruling that he is not entitled to benefits because he failed to prove he contracted COVID-19 in the course of his employment with the Des Moines Area Regional Transit Authority.  OPINION HOLDS: Substantial evidence supports the commissioner’s finding that Collins did not prove he was exposed to COVID-19 in his workplace.  True, Collins took many precautions outside of work to avoid contracting COVID-19.  But shortly before testing positive, he also traveled out of state to the Mayo Clinic—staying in a hotel for several days and encountering other people.  Collins also could not show he had prolonged exposure to any COVID-positive employee while at work.  Presented with competing theories of exposure and dueling expert reports, the commissioner’s decision was supported by substantial evidence in the record.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            As part of a plea agreement he entered into with the State, Quintin Clemons pled guilty to eluding, first offense.  The State agreed to recommend a sentence of 120 days in county jail with all but ten days suspended while Clemons was free to make any request.  Following an unreported sentencing hearing, the district court sentenced Clemons to 240 days in the county jail with all but thirty days suspended and placed him on probation.  Clemons appeals that sentence, arguing the district court failed to provide adequate reasons on the record for imposing a more severe sentence than he requested or the State recommended.  OPINION HOLDS: Because the court is not required to give its reasons for rejecting particular sentencing options and the reasons it gave for the sentence it did impose were adequate to enable our review, we affirm. 

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Sandy, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (6 pages)

A defendant appeals the denial of his motion for judgment of acquittal, challenging the sufficiency of the evidence to support a conviction for domestic abuse assault causing bodily injury.  OPINION HOLDS: Finding substantial evidence, we affirm.

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

            Erik Marks appeals his conviction for boating while intoxicated, challenging the sufficiency of the evidence and the court’s denial of his motion for new trial.  OPINION HOLDS: Finding the evidence supports his conviction and the district court did not abuse its discretion in denying his motion for new trial, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Zebulon Paul Dawson appeals his conviction and sentence after a jury found him guilty of assault causing bodily injury.  OPINION HOLDS: Substantial evidence supports the jury’s verdict, which is not contrary to the weight of the evidence.  Because the district court did not err by denying Dawson a new trial or abuse its sentencing discretion, we affirm Dawson’s conviction and sentence.

            Appeal from the Iowa District Court for Polk County, Scott Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Mullins, S.J.  Opinion by Mullins, S.J.  Buller, J., takes no part.  (4 pages)

            Charles James appeals the dismissal of his sixth application for postconviction relief, filed more than twenty years after his 2001 conviction for first-degree murder.  OPINION HOLDS: We find the application untimely and affirm dismissal.

            Appeal from the Iowa District Court for Wright County, Blake H. Norman, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Zebulun McFadden appeals his civil commitment as a sexually violent predator under Iowa Code chapter 229A (2023).  McFadden’s sole issue on appeal is a challenge to the sufficiency of the evidence to support the commitment.  OPINION HOLDS: We determine sufficient evidence supports the civil commitment and affirm.

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J. (4 pages)

            Kenneth Edwin Barnes appeals his sentences after pleading guilty to possession with intent to deliver methamphetamine and possession of marijuana, third or subsequent offense.  OPINION HOLDS: The district court accepted Barnes’s guilty pleas and denied his motion in arrest of judgment.  Barnes does not challenge the denial of his motion in arrest on appeal.  Because the ruling and Barnes’s guilty pleas stand, the sentencing court did not abuse its discretion by considering the plea agreement in sentencing Barnes.

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED AS MODIFIED.  Heard by Schumacher, P.J., Badding and Chicchelly, J.J.  Opinion by Chicchelly, J.  (15 pages)

            Gregory (Greg) Maxwell appeals the $626,397.58 judgment entered against him on claims by his father’s estate for conversion and unjust enrichment.  OPINION HOLDS: Because Greg pled guilty to theft in an amount between $500 and $1000, the district court erred by precluding Greg from litigating his liability for theft of over $240,000.  But substantial evidence supports awarding the estate $626,397.58 in damages on the unjust-enrichment claim and denying Greg’s claim that the estate owes him compensation for his caretaking services.  We affirm the judgment as modified.

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

            Caleb Fairchild was convicted of three counts of sexual abuse in the second degree and one count of indecent contact with a child after his first trial ended in a mistrial.  On appeal, Fairchild argues (1) there was insufficient evidence to convict him of the charges—attacking the reliability and credibility of the testimony of the two child victims and (2) the district court erroneously admitted the hearsay testimony of L.O.’s mother regarding his out-of-court statements because Fairchild’s objection was timely.  OPINION HOLDS: Because we find sufficient evidence underlies the verdict and any erroneously admitted hearsay evidence was not prejudicial, we affirm Fairchild’s convictions. 

            Appeal from the Iowa District Court for Buena Vista County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Mullins, S.J. Opinion by Buller, P.J.  (6 pages)

            A father appeals a decree placing physical care of three children with the mother.  OPINION HOLDS: Recognizing the district court was in an advantaged position to weigh credibility and that the mother was the historical primary caregiver, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Z. Ackley, Judge.  APPEAL DISMISSED. Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (3 pages)

            A defendant appeals the denial of his motion in arrest of judgment.  OPINION HOLDS: Because he has no right to direct appeal from his guilty plea to non-class “A” offense, and because discretionary review is unavailable for ineffective assistance of counsel claims, we must dismiss the appeal.

            Appeal from the Iowa District Court for Kossuth County, David C. Larson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            A father appeals the juvenile court’s denial of his motion to continue the hearing on the mother’s petition to terminate his parental rights.  OPINION HOLDS: We find no abuse of the court’s discretion and summarily affirm.

            Appeal from the Iowa District Court for Mills County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Laron Hampton appeals the district court’s denial of his application for postconviction relief following his 2018 convictions for three counts of second-degree sexual abuse.  Hampton claims his trial counsel was ineffective by “failing to preserve error related to [the admissibility of] medical records” and alternatively, his appellate counsel was ineffective “for failing to raise this issue on direct appeal.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (18 pages)

            An employer and its insurer appeal from the district court’s ruling denying their petition for judicial review of the Iowa Deputy Workers’ Compensation Commissioner’s (Commissioner) remand decision.  They argue the Commissioner erred by (1) failing to make explicit findings on the employee’s credibility; (2) determining the discovery rule date to be April 15, 2013; (3) finding the employee’s low back and mental conditions were causally related to and permanently aggravated by her employment with the employer and caused her to be permanently and totally disabled; and (4) finding the employee was entitled to penalty benefits.  OPINION HOLDS: We affirm, discerning no errors of law and finding substantial evidence supports all the Commissioner’s factual findings and determinations. 

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

            Hannah Johnston appeals the sentence imposed after revocation of her deferred judgment and probation, claiming the district court abused its discretion by considering unproven charges in imposing the sentence.  OPINION HOLDS: Because Johnston failed to show the district court relied on those charges in determining her sentence, we affirm.

            Appeal from the Iowa District Court for Kossuth County, John M. Sandy, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Sandy, J., takes no part.  Opinion by Langholz, J.  (7 pages)

            William Harris appeals his two convictions for third-degree sexual abuse challenging the sufficiency of the evidence that he performed a “sex act” when he touched two patients during their echocardiogram appointments.  OPINION HOLDS: Substantial evidence supports the jury verdicts.  Both patients testified that Harris inappropriately touched them.  They were only scheduled to receive an echocardiogram—there was no reason Harris needed to remove their pants or touch below their chests.  And the jury could reject his explanation that he was performing a deep-vein-thrombosis screen as not credible.

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A self-represented plaintiff appeals the district court’s grant of summary judgment to defendants on claims arising from failed negotiations between two business entities.  OPINION HOLDS: Because the alleged injuries pertain to the business, not the plaintiff in his personal capacity, the plaintiff lacked standing to pursue the claims in his personal capacity. 

            Appeal from the Iowa District Court for Linn County, Chad A. Kepros, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (8 pages)

            As the settlor and beneficiary of a “private expressed trust,” Kyle Hane petitioned for relief from the district court to address a vacancy in the office of the trustee.  The district court denied the petition and dismissed the action with prejudice.  OPINION HOLDS: Given the state of the record before us and with no options to remedy that problem, we affirm the dismissal of the action.  However, the district court’s determination was not an adjudication on the merits as there was no hearing or evidence presented, so we modify the ruling to dismissal without prejudice and remand to the district court with directions to modify its order accordingly. 

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (13 pages)

            Jacob Tripp appeals the district court’s custody decree granting Mallory Jensen physical care of their minor son.  He argues placing the child in Jensen’s physical care is not in the child’s best interests.  OPINION HOLDS: Upon our de novo review of the record, we affirm the district court’s physical care determination.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Sandy, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            A guardian challenges the transfer of jurisdiction over a juvenile case to Texas.  OPINION HOLDS: While we conclude Iowa could assert exclusive, continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act despite Texas’s initial jurisdiction, we find Iowa correctly declined to exercise that jurisdiction as an inconvenient forum and affirm the district court’s order.

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  Partial Dissent by Ahlers, J. (13 pages)

            A mother appeals the termination of her parental rights to her youngest child.  OPINION HOLDS: Because we conclude the child could not be safely returned to the mother’s custody at the time of the termination trial and an additional six months would not resolve the need for the child’s removal, we affirm the termination of the mother’s parental rights.  PARTIAL DISSENT ASSERTS: I agree that the child could not be safely returned to the mother at the time of the termination hearing, so I concur with the majority’s determination that the State established statutory grounds for termination.  However, I would conclude termination is not in the child’s best interest and provide the mother with a six-month extension to work toward reunification given her documented progress since the permanency hearing.

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

            Father appeals the termination of parental rights, disputing the statutory basis and arguing termination is not in the children’s best interests.  The father also asks for additional time or for the appointment of a guardianship.  OPINION HOLDS: Because we find sufficient grounds for termination, we affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            A mother and father separately appeal the termination of their parental rights to their two children.  OPINION HOLDS: We summarily affirm both appeals.

            Appeal from the Iowa District Court for Polk County, Erik I. Howe, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (13 pages)

            A mother appeals the termination of parental rights to her three girls on multiple grounds.  OPINION HOLDS: We find that the State met its burden to show a basis for termination under Iowa Code section 232.116(1)(f) (2024) as to the oldest child and (h) as to the two youngest and that the mother’s pattern of drug use, domestic violence, and contact with her daughter’s abuser makes termination in the children’s best interest.  We decline to apply an exception based on the parent-child bond, and we do not grant additional time for reunification.

            Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (13 pages)

A mother appeals the district court’s removal, adjudicatory, and dispositional orders concerning her three children.  OPINION HOLDS: The mother’s appeal of the initial removal order is moot, and she waived her challenge to the children’s adjudication.  We affirm the dispositional order as placement in the mother’s home is contrary to the welfare of the children and the placement ordered is the least restrictive placement that is appropriate considering the circumstances.  PARTIAL DISSENT ASSERTS: Because there is not an adequate placement available for the middle child, custody should not be transferred from the mother.  I dissent in part, finding the child’s needs would be better met in the mother’s custody with department supervision. 

            Appeal from the Iowa District Court for Jones County, Joan M. Black, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (9 pages)

            A mother appeals the termination of her parental rights.  OPINON HOLDS: Because the child could not be safely returned to the mother’s custody at the time of the termination hearing, a statutory ground for termination is satisfied.  The strength of the parent-child bond does not warrant forgoing termination in this instance.

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

    Parents separately appeal the termination of their parental rights to R.W., born in 2021.  They claim the district court erred in concluding the child could not safely be returned to their custody, termination is not in the child’s best interests, and the parent-child bond should preclude termination.  The mother also claims the court should have placed the child in a guardianship with the maternal grandmother in lieu of terminating her parental rights.  OPINION HOLDS: Upon our review, we affirm.   
 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: Because we decline to apply a permissive exception or grant a six‑month extension, we affirm termination of the parents’ respective parental rights to their two children.

    Appeal from the Iowa District Court for Guthrie County, Virginia Cobb, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (10 pages)

    A father appeals the termination of his parental rights to his seven-year-old daughter.  The State appeals the juvenile court’s dismissal of its petition to terminate the rights of the mother.  OPINION HOLDS: We find the record supports termination of the father’s rights and shows no detriment to the child through termination.  And we find the State failed to preserve error on any of its claims on the statutory grounds, so we need not address the court’s findings on any other steps of the termination analysis as to the mother.  We affirm on both appeals.
 

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (3 pages)

            A father appeals the termination of his parental rights.  OPINON HOLDS: Because the father failed to present any substantive argument for our review, he has waived his appellate claims.  Even had the father not waived his claims, we would find multiple statutory grounds for termination satisfied, that termination is in the children’s best interests, there are no strong parent-child bonds to preclude termination, and there would be no basis for granting the father additional time to work towards reunification.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (14 pages)

            A mother and father separately appeal the juvenile court’s ruling terminating their parental rights for their two children.  On appeal, they make identical claims.  They contend that (1) the statutory grounds for termination were not established and (2) the juvenile court erred in not applying a permissive exception to termination.  OPINION HOLDS: After our de novo review of the record, we affirm on both appeals.

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

    A mother appeals the termination of her parental rights to her one-year-old son.  She contends the juvenile court was mistaken in finding that her son could not be safely returned to her custody.  She also asserts it would be in his best interests to give her “a few more months to prove her sobriety and stability.”  OPINION HOLDS: Because the State offered clear and convincing evidence that the child would be at risk of harm if returned to his mother’s custody, and that moving toward permanency now would serve his best interests, we affirm the termination order.
 

            Appeal from the Iowa District Court for Scott County, Tom Reidel and Meghan Corbin, Judges.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Schumacher and Langholz, JJ., but decided by Schumacher, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (14 pages)

            Northwest Bank & Trust Company appeals the district court’s grant of summary judgment on its breach-of-contract claim and the court’s denial of its motion for a new trial after an adverse jury verdict on its fraudulent-misrepresentation claims.  OPINION HOLDS: Pershing Hill Lofts, LLC’s agreement to seek financing exclusively from Northwest Bank in return for Northwest expending its resources on due diligence on the loan is not an agreement to agreement.  And the mutual obligations of this exclusivity agreement do not become unenforceable merely because they were included in a longer document that describes the tentative financing terms that everyone agrees cannot be enforced.  Neither does this exclusivity clause have any condition precedent.  Nor is it too indefinite to be enforced.  We thus reverse the district court’s grant of summary judgment and remand for further proceedings on Northwest Bank’s breach-of-contract claim.  Because the district court excluded any reference to the exclusivity agreement in the jury trial on Northwest Bank’s fraudulent-misrepresentation claims based on the erroneous summary-judgment ruling, we agree that Northwest Bank is entitled to a new trial on those claims as well.

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

            Tony Arterberry challenges the sufficiency of the evidence supporting his convictions for first-degree murder, first-degree burglary, and first-degree robbery.  He also disputes several evidentiary rulings, arguing they deprived him of a fair trial.  OPINION HOLDS: There was sufficient evidence to support the jury’s verdict.  We affirm Arterberry’s convictions for all three crimes and reject his evidentiary challenges.

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Tamra and Scott Bradley appeal the denial of a directed verdict, arguing no evidence supported submitting comparative fault to the jury in the trial on their negligence claims against Timothy and Carol Tietz arising out of a truck crash.  OPINION HOLDS: Considering the evidence—including a video of the crash—in the light most favorable to the Tietzs, there was evidence from which a jury could find Tamra Bradley negligent and at least one percent at fault for the crash.  Thus, the Bradleys’ directed-verdict motion was properly denied.

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

            Carlos Mejia appeals after a jury found him guilty of attempted murder, intimidation with a dangerous weapon with intent, and willful injury causing serious injury, challenging the denial of his motion seeking to limit evidence of his drug use.  OPINION HOLDS: Because the evidence provided necessary context, including Mejia’s motive for shooting the victim, and the probative value is not outweighed by the danger of unfair prejudice, the district court did not abuse its discretion in denying Mejia’s motion in limine.

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (7 pages)

            A criminal defendant appeals his convictions for possession of contraband in a correctional facility and possession of a controlled substance.  OPINION HOLDS: The defendant did not contest at least one of the alternatives presented to the jury, so we are required to apply the general‑verdicts statute.  Because the defendant did not contest he knowingly possessed contraband while confined in the jail, the sheriff’s office lobby was part of the jail, and a reasonable jury could conclude the defendant knew of the methamphetamine baggie in his sock, we affirm. 

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Gamble, S.J.  Badding, J., takes no part.  Opinion by Gamble, S.J.  (11 pages)

            An applicant appeals the denial of his request for postconviction relief based on claims of ineffective assistance of counsel and actual innocence.  OPINION HOLDS: Finding the applicant has not shown by clear and convincing evidence that “no reasonable fact finder could convict” him of sexual abuse in the third degree and has not established counsel’s performance fell below that of a reasonably competent attorney, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  APPEAL DISMISSED.  Considered by Schumacher and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            A defendant who pled guilty appeals his sentence negotiated as part of a plea agreement and adopted by the district court.  OPINION HOLDS: Because the defendant failed to establish good cause as required by Iowa Code section 814.6(1)(a)(3) (2023), we dismiss the appeal.

            Appeal from the Iowa District Court for Dubuque County, Monica Ackley, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Telleen, S.J. Opinion by Telleen, S.J. (9 pages)

            A defendant appeals from his convictions on one count of second-degree sexual abuse, two counts of third-degree sexual abuse, and one merged count of lascivious acts with a child, arguing the district court abused its discretion in excluding evidence of his divorce and an alleged custody dispute as irrelevant.  OPINION HOLDS: Finding no abuse of discretion, we affirm the defendant’s convictions.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  APPEAL DISMISSED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J. (3 pages)

            Roy Allen Hogan appeals the sentence imposed by the district court after pleading guilty.  OPINION HOLDS: Because Hogan lacks good cause to appeal, we must dismiss his appeal.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  CONVICTIONS AFFIRMED; SENTENCES REVERSED IN PART AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Schumacher, Badding, Chicchelly, and Buller, JJ.  Opinion by Greer, P.J. (21 pages)

            Hawkins, who struggles with mental health issues, was charged with three counts of assault with intent to commit sexual abuse for his actions against three female victims.  In all three instances, Hawkins touched the victim’s buttocks; one female victim reports more significant conduct including Hawkins hugging her from behind, rubbing his erect penis on her, and forcing his hand down her pants.  When officers arrived, Hawkins argues he was detained and interrogated before being made aware of his Miranda rights.  Finally, Hawkins argues his sentence, as imposed, was illegal because the court did not articulate why his three individual sentences were to be served consecutively, and not concurrently.  OPINION HOLDS: Because we review the record as a whole, we find sufficient evidence to support Hawkins’s three counts of assault with intent to commit sexual abuse.  We find no Miranda violations and affirm the district court’s suppression ruling.  Finally, we remand to the district court to address the narrow question of whether to impose consecutive or concurrent sentences.

            Appeal from the Iowa District Court for Greene County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J. (5 pages)

            A defendant appeals his convictions for attempted murder, willful injury causing serious injury, and domestic abuse causing bodily injury, arguing the district court erred in admitting testimony of prior acts of domestic assault.  OPINION HOLDS: Finding the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Telleen, S.J., takes no part.  Opinion by Greer, P.J.  (5 pages)

            A jury found Fred Valenzuela guilty of third-degree sexual abuse.  On appeal, Valenzuela challenges the district court’s denial of his motion for new trial, arguing the court abused its discretion when it weighed the evidence because it relied on its sympathy for the complaining witness when determining credibility.  OPINION HOLDS: Because the district court did not abuse its discretion, we affirm the denial of Valenzuela’s motion for new trial.   

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (9 pages)

            Taxpayers appeal the district court’s order on judicial review affirming the Iowa Department of Revenue’s decision to disallow a capital-gains deduction.  Taxpayers claim that when they sold their personal goodwill, they sold the assets of their respective businesses of being employees, qualifying them for capital-gains deductions on their personal income-tax returns.  OPINION HOLDS: Even assuming that the business of being an employee could qualify for a business for purposes of the capital-gains deduction, there is no evidence in the record that any such businesses existed here for the taxpayers to sell and qualify for the applicable deduction. 

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

    After hearing evidence that Matthew Serres led police on a high-speed chase on his motorcycle, a jury found him guilty of eluding while going more than twenty-five miles per hour over the speed limit.  Serres appeals, contending that the State failed to prove he was driving the motorcycle.  OPINION HOLDS: The State presented substantial eyewitness and video evidence to support the jury’s determination that Serres was the eluding motorcyclist.  Thus, we affirm Serres’s conviction.
 

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (8 pages)

            Angel Garcia was convicted of indecent contact with a child (count I), possession of a controlled substance (methamphetamine) (count II), and assault causing bodily injury or mental illness (count III).  On appeal, Garcia challenges the sufficiency of the evidence to support counts I and III; he argues (1) the scant evidence he touched K.G.’s butt does not establish the touching was for the purpose of arousing or satisfying the sexual desire of either him or K.G. and (2) “although there may be evidence of an assault, there was no evidence presented that [he] made physical contact with Mr. Bakkers that caused any injury to him.”  He maintains there is only evidence to support a simple-misdemeanor assault.  OPINION HOLDS: Because we find sufficient evidence on the record to support convictions of indecent contact with a child and assault causing bodily injury or mental illness, we affirm the decisions of the district court.

            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 juvenile appeals the juvenile court’s ruling that he committed the delinquent act of sexual abuse in the second degree in violation of Iowa Code section 709.3 (2024).  The juvenile contends insufficient evidence was presented to support the juvenile court’s ruling.  OPINION HOLDS: We affirm, finding substantial evidence supports the juvenile court’s decision.

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (16 pages)

            A jury found Andrew Karvel guilty of second-degree murder.  He challenges the conviction, arguing (1) substantial evidence does not support his conviction, arguing the State failed to prove he strangled the decedent, that the decedent died as a result of strangulation, or that he acted with malice aforethought (2) the district court wrongly admitted prior bad acts evidence against him; and (3) the district court should have granted his motion for new trial based on improper jury instructions, misconduct by the prosecutor, and the verdict being contrary to the greater weight of the credible evidence.  OPINION HOLDS: Finding none of Karvel’s claims meritorious, we affirm Karvel’s conviction.

    Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (14 pages)

    A taxpayer appeals the judicial review decision affirming the director of the Iowa Department of Revenue and denying its request to keep its tax protest confidential under Iowa Code section 22.7 (2021), the Open Records Act.  OPINION HOLDS: On our review of this administrative appeal, we agree with the district court and the agency that the documents are not categorically exempt from public disclosure under Iowa Code section 22.7, subsections 6 and 18.  Because we agree with that outcome, we affirm.
 

             Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Jamarrion James Davis appeals after a jury found him guilty of first-degree murder.  OPINION HOLDS: I. Substantial evidence supports the jury’s verdict that Davis is guilty of first-degree murder.  II. The district court did not abuse its discretion in admitting evidence of a recorded phone call Davis made from jail or evidence of his motive for the shooting.  The evidence was relevant, and the probative value was not outweighed by the danger of unfair prejudice. 

            Appeal from the Iowa District Court for Scott County, Christine Dalton and Phillip J. Tabor, Judges.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Tabor, C.J., takes no part.  Opinion by Ahlers, P.J. (8 pages)

            Vanessa Gale was charged with two counts of possession of a controlled substance, second offense.  On appeal, Gale argues the evidence should have been suppressed due to an illegal seizure and asserts the imposed sentence is illegal because she did not have the predicate conviction to enhance the charges.  OPINION HOLDS: We affirm the district court’s findings that the seizure of Gale was lawful, and the resulting evidence was admissible.  We deny her challenge to the proof of her prior conviction of the predicate offense.  Her convictions and resulting sentence are supported by the record.

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Marlon LaMonte Maclin Sr. appeals the district court’s evidentiary ruling, contending that witness testimony should have been excluded.  OPINION HOLDS: Because the district court did not abuse its discretion in its evidentiary ruling, we affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  REVERSED AND REMANDED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

            The plaintiff appeals from the district court’s order dismissing his negligence petition against the defendant for failure to allege that the law on which the lawsuit is based is “clearly established.”  OPINION HOLDS: Finding the plaintiff’s petition specifically pleaded and set forth clearly established claims, we reverse and remand for further proceedings consistent with this opinion.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (7 pages)

            A plaintiff appeals from dismissal of her petition alleging public-records violations against a county and county supervisor.  OPINION HOLDS: The dismissal of claims alleging violations of the county’s policy was unchallenged for purposes of this litigation and we affirm their dismissal. But the district court’s ruling does not explain why it dismissed the alleged statutory violations and we decline to decide that question in the first instance on appeal.  We affirm in part, reverse in part, and remand for further proceedings.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (12 pages)

            A mother appeals from a modification ruling placing physical care of her child with the father.  She challenges the district court’s weighing of the evidence and pertinent factors, contests an underlying juvenile‑court ruling, and seeks attorney fees.  OPINION HOLDS: Based largely on the district court’s credibility findings and the mother’s failure to preserve error on her evidentiary complaints, we affirm and deny the mother’s request for attorney fees.

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

            A former husband appeals the denial of his petition to modify legal custody and physical care concerning a minor child, the admissibility of evidence below, and the division of assets of retirement accounts and proceeds after the sale of the marital home.  OPINION HOLDS: Finding the former spouses can no longer meaningfully coparent, the former husband did not meet his burden to prove he was the superior caretaker to receive physical care of the child, the district court properly limited admissible evidence to post-decree evidence, and sale proceeds of the home and retirement accounts were properly divided, we affirm and award the former wife appellate attorney fees. 

    Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  ORDER VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

    A father appeals the district court order modifying his child-support obligation under Iowa Code chapter 252H (2024).  He contends that he did not receive a fair hearing and the court’s computation is not supported by the record.  Both parents ask for appellate attorney fees.  OPINION HOLDS: After reviewing the record, we agree that the hearing was incomplete and the calculations are inaccurate.  We thus vacate the modification order and remand for the court to recalculate the father’s child-support obligation after a full hearing.  But we decline to award attorney fees to either party.
 

            Appeal from the Iowa District Court for Story County, Jennifer Miller, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            The Estate of John Lavery, his wife, and two daughters appeal the district court’s grant of summary judgment dismissing their gross-negligence claims against Lavery’s coworker, Steve Campbell, arising from Lavery’s death at work.  OPINION HOLDS: Plaintiffs’ gross-negligence claims against Campbell fail because they have shown no evidence from which a jury could find that Campbell knew that Lavery’s injury was probable rather than just possible from the continued operation of the hydraulic motor test stand after another employee raised concerns to Campbell and Campbell successfully operated the test stand without incident.  The district court correctly granted summary judgment to Campbell.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Lennox Industries, Inc. and Indemnity Insurance Company of North America appeal the district court’s ruling on judicial review, which reversed the workers’ compensation commissioner’s calculation of weekly benefits.  OPINION HOLDS: Because the commissioner erred in its initial interpretation of Iowa Code section 85.36 (2019) and the district court was correct in reversing such misapplication, we affirm the district court’s ruling on judicial review.

            Appeal from the Iowa District Court for Boone County, Ashley Beisch, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (7 pages)

            The mother petitioned to terminate the father’s parental rights to B.C., born in 2018, in a private termination action.  The district court granted the petition on multiple grounds, which the father challenges on appeal.  He argues he did not abandon the child or fail to financially contribute to the child without good cause.  Both the mother and the child’s guardian ad litem filed appellate briefs in support of the district court’s decision.  OPINION HOLDS: We conclude the father failed to financially contribute to B.C. without good cause.  Because the father does not contest best interests, we affirm without discussing the second prong.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (15 pages)

            Nicole Monson appeals the district court’s dismissal of her petition to modify the child custody provisions of the decree dissolving her marriage to Matthew Young, arguing the court erred in (1) excluding and refusing to consider evidence arising prior to the entry of the decree; and (2) dismissing her petition as lacking sufficient evidence of a substantial change in circumstances.  OPINION HOLDS: We affirm, finding the district court did not abuse its discretion and properly dismissed Monson’s petition. 

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            The State requests a delayed appeal from an order terminating parental rights.  OPINION HOLDS: Because we have no authority to grant the State a delayed appeal, we dismiss for lack of jurisdiction.

            Appeal from the Iowa District Court for Pottawattamie Couty, Scott Strait, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            The State appeals the juvenile court’s order removing the Iowa Department of Health and Human Services as guardian.  OPINION HOLDS: Because the juvenile court abused its discretion in removing the department as guardian, we reverse and remand with instructions to reappoint the department as guardian of the child.

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

            The juvenile court terminated the father’s parental rights to K.W., born in 2020, pursuant to Iowa Code section 232.116(1)(f) and (l) (2024).  The father appeals, arguing (1) the State did not prove the statutory grounds for termination, in part because the reduction of visitation in the two months leading up to the termination trial constitutes a failure to make reasonable efforts to reunify; (2) the loss of his rights is not in K.W.’s best interests; (3) multiple permissive factors in section 232.116(3) preclude termination; and (4) alternatively, the juvenile court should have established a guardianship in the paternal grandmother instead of terminating his rights.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Keokuk County, Patrick Mcavan, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (13 pages)

            A mother appeals the removal, adjudicatory, and dispositional orders arising from allegations of medical child abuse.  OPINION HOLDS: We affirm, finding the statutory requirements for adjudicating the child as in need of assistance were met, and the juvenile court made the least restrictive disposition appropriate considering all the circumstances of the case. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (6 pages)

            The juvenile court terminated the mother’s parental rights to B.L., born in 2020, pursuant to Iowa Code section 232.116(1)(e), (g), and (h) (2024).  The mother appeals, purporting to challenge two of the three statutory grounds, arguing the loss of her rights is not in B.L.’s best interests, and claiming an additional six months would remedy the need for removal.  In the alternative, the mother maintains the juvenile court should have resolved the child-in-need-of-assistance case via a bridge order transferring jurisdiction to the district court, which could then enter a custody order, thereby avoiding termination.  OPINION HOLDS: After considering the mother’s arguments and reviewing the record, we affirm the termination of her parental rights.

            Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            The mother appeals from a juvenile court order terminating her parental rights.  She challenges each of the steps in our termination analysis and the court’s denial of her request for more time.  OPINION HOLDS: Due to the mother’s long history of using methamphetamine, we find the child could not be returned to her care at the time of the termination hearing and termination is in the child’s best interests.  Even though the mother and child shared a close bond, and the mother had recently obtained sobriety, we agree with the juvenile court’s decision to not apply a statutory exception to termination and denial of the mother’s request for additional time. 

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (11 pages)

            A mother appeals the entry of a bridge order, arguing (1) the district court was required to have subject-matter jurisdiction over the child prior to the entry of the bridge order transferring jurisdiction from the juvenile court; and (2) the juvenile court lacked subject-matter jurisdiction over the child to enter the bridge order.  OPINION HOLDS: We affirm, finding (1) the district court was not required to have subject-matter jurisdiction to effect the transfer of jurisdiction over the child from the juvenile court; and (2) the juvenile court continued to have subject-matter jurisdiction over the child to enter the bridge order.

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

            A mother and father separately appeal the adjudicatory and disposition orders in the children in need of assistance (CINA) proceeding.  OPINION HOLDS: Substantial evidence supports the grounds for the CINA adjudication and the children’s removal.

            Appeal from the Iowa District Court for Montgomery County, Justin R. Wyatt, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A mother appeals the termination of her parental rights to her four-year-old child.  OPINION HOLDS: The mother’s ongoing drug use, inability to demonstrate she can safely parent her child, and failure to progress beyond fully supervised visits show the child could not have been immediately returned to her custody at the time of the termination hearing.  Because termination is in the child’s best interest and the mother has not shown that any impediments to termination, we affirm.

            Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            A mother appeals the termination of her parental rights with respect to her son, pursuant to Iowa Code section 232.116(1)(e), (f), and (l) (2024).  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.