March 2024 Archive | Most Recent Court of Appeals Summaries

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  Concurrence in part and dissent in part by Schumacher, J. (18 pages)

            Kelly Bast appeals, and Kathy Bast cross-appeals, the financial provisions in the decree dissolving their marriage.  OPINION HOLDS: Finding no failure to do equity as to Kelly, we affirm on appeal.  But we agree with Kathy the court should have set aside $40,000 in proceeds traceable to her inheritance from her sister.  As a result, we modify the decree by vacating Kathy’s equalization payment but affirm on the trial court’s denial of additional attorney fees.  PARTIAL DISSENT ASSERTS: I join in the majority opinion in all respects except for the amount of alimony awarded to the payee spouse. Due to the amount of assets each party received, each party’s retirement status, and the needs of the payee spouse, an award of traditional alimony in the amount of $900 per month is equitable.

            Appeal from the Iowa District Court for Hamilton County, Amy M. Moore, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Langholz, J., and Gamble, S.J.*  Opinion by Schumacher, P.J.  (8 pages)

            The Hamilton County Board of Supervisors (Board) as trustee of Drainage District No. 71 (DD71) appeals the district court decision reversing its decision to annex certain property into DD71.  OPINION HOLDS: There is not sufficient information in the annexation report to show the land the Board sought to annex into the drainage district would be materially benefited by the annexation, and therefore the land should not be annexed.  We affirm the decision of the district court.

            Certiorari to the Iowa District Court for Polk County, Coleman McAllister, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            On writ of certiorari, Terrence Reasby challenges the district court’s denial of his motion for earned-time credit for the days he spent in a treatment program before his probation was revoked.  OPINION HOLDS: Because Reasby was neither an inmate nor committed to the custody of the DOC while he was on probation and spending time at Bridges, he is not entitled to earned-time credit.  We affirm the district court’s denial of his motion and annul the writ.

            Certiorari to the Iowa District Court for Grundy County, Linda M. Fangman, Judge.  WRIT SUSTAINED AND CASE REMANDED.  Considered by Greer, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            The question presented in this certiorari action is whether the district court abused its discretion in denying Christopher Buck’s application to modify a sex offender registration requirement.  OPINION HOLDS:  Because Buck is at low risk to reoffend and there is no substantial benefit to public safety in continuing his registration requirements, the district court abused its discretion in denying modification.  We sustain the writ of certiorari and remand to the district court for entry of an order granting Buck’s application.   

            Appeal from the Iowa District Court for Hamilton County, Hans Becker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Tabor, P.J.  (20 pages)

            A defendant appeals his criminal convictions and sentence imposed, arguing the convictions are not supported by substantial evidence and the court abused its discretion in sentencing.  OPINION HOLDS: We affirm, concluding the convictions are supported by substantial evidence and the sentences are not the product of an abuse of discretion.  DISSENT ASSERTS: I respectfully dissent from the majority’s decision finding sufficient evidence to support the convictions.  I disagree that the State offered much if any evidence to show the defendant could form the specific intent to assault a jailer or damage property.  Instead, the State conveyed to the jury an inaccurate view of the defendant’s diminished responsibility defense.  Because the evidence at trial revealed a failure to recognize an inmate’s mental-health crisis rather than the inmate’s specific intent for assault or damage to property, I would reverse his convictions.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            Kenith Lewis appeals the denial of his application for postconviction relief, which raised claims of ineffective assistance of counsel.  OPINION HOLDS: Finding Lewis has not overcome the presumption of competence on either of his claims, we affirm the denial of his application for postconviction relief. 

            Appeal from the Iowa District Court for Hancock County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J. (15 pages)

            Glenn Thompson appeals his drug convictions, challenging the denial of his motion to suppress evidence obtained as a result of a traffic stop.  He argues his constitutional rights were violated because the traffic stop was extended beyond its permissible duration and evidence obtained as a result of a search of his person would not have been inevitably discovered.  OPINION HOLDS: Finding no constitutional violation, we affirm the denial of Thompson’s motion to suppress and his resulting convictions.

            Appeal from the Iowa District Court for Clayton County, Richard D. Stochl, Judge.  DISTRICT COURT RULING VACATED AND CASE REMANDED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Manuel Seenster Jr. appeals an order denying his motion for new trial on a remand from this court.  OPINION HOLDS: Because the district court entered the order on a remand before procedendo issued on the first appeal, the district court lacked jurisdiction.  And because the district court lacked jurisdiction, the order is a nullity.  We vacate the order denying the motion for new trial—which leaves us nothing to review.  The case is remanded for the district court to address the pending new trial motion. 

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (8 pages)

            Beneficiaries of a trust appeal from a ruling denying their motion to terminate the trust.  OPINION HOLDS: We agree with the probate court that continuing the trust is necessary to fulfil its material purposes and affirm.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Chicchelly, J., takes no part.  Opinion by Buller, J.  (7 pages)

            Royal Rio Jones appeals following his guilty plea and sentences.  OPINION HOLDS: We affirm, concluding Jones invited any alleged error related to the presentence investigation waiver and the district court did not abuse its discretion at sentencing.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            Noah Scott was convicted of two counts of first-degree robbery and sentenced to two concurrent twenty-five-year terms of imprisonment; he is required to serve 70% of the sentence before becoming eligible for parole or work release.  On appeal, Scott argues (1) we should adopt more protective double jeopardy standards and, based on those heightened protections, grant his motion to dismiss; (2) in the alternative, there is not substantial evidence to support his convictions; and (3) the district court failed to consider all pertinent information before requiring him to serve 70% of the imposed sentenced as a mandatory minimum.  OPINION HOLDS: We are not at liberty to adopt a new standard for reviewing double jeopardy claims under the Iowa Constitution, substantial evidence supports the determination Scott was one of the armed robbers, and the district court neither erred nor abused its discretion in ordering Scott to serve 70% of the mandatory minimum before becoming eligible for parole or work release.  For these reasons, we affirm. 

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

A defendant challenges his sentence for first degree murder and a separate first-degree robbery charge.  He alleges the district court abused its discretion by not properly considering the Lyle juvenile sentencing factors.  OPINION HOLDS: Because the district court performed a thorough analysis of all the pertinent factors, we see no abuse of discretion.  Thus, we affirm.

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            An applicant appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: Finding that Mayorga’s counsel’s failure to prepare for the PCR trial and motioning for a continuance after over a year had elapsed since the PCR trial date was set and on the eve of the PCR trial amounted to Mayorga being constructively without counsel, and thus finding structural error, we reverse the court’s dismissal of the PCR application and remand for further proceedings.

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Rosalio Quiroz appeals his conviction for second-degree sexual abuse.  He contends the district court erred and abused its discretion in admitting hearsay and vouching evidence and substantial evidence does not support the verdict.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict.  And we find no merit in any of Quiroz’s hearsay challenges.  Finally, we find the forensic interviewer did not offer bolstering or vouching testimony, so the district court did not abuse its discretion by allowing it.  We affirm Quiroz’s conviction for second-degree sexual abuse.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Lynn Koester appeals the dismissal of her petition alleging wrongful termination in violation of public policy as a common-law claim and retaliation under Iowa Code chapter 91A (2022).  On the first claim, the district court found she did not identify a public policy violation so she failed to state a claim for which relief can be granted.  And on the second, it found the claim is barred by the statute of limitations and failed to state a claim.  OPINION HOLDS: We find that the district court erred at law in concluding there was no public policy justification to maintain her wrongful termination common law claim.  We reverse dismissal and remand for further proceedings on that claim.  On her statutory claim for retaliation directly under chapter 91A, we find the claim is barred by the statute of limitations.  So we affirm in part, reverse in part, and remand for further proceedings on the common law wrongful termination claim.

            Appeal from the Iowa District Court for Clayton County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Timothy Doyle appeals from the district court’s dismissal of his breach-of-contract claims against Johnny B’s Construction, Inc., the contractor that he hired to repair his hunting cabin.  He also appeals the judgment against him on Johnny B’s counterclaim that he breached the contract by failing to pay for all the services performed under the contract.  OPINION HOLDS:  The evidence before the district court was sufficient for the court to reach its findings that (1) Johnny B’s delay in performance was excused by the pandemic; (2) Doyle’s allegations of defective workmanship were not credible; and (3) Doyle breached the contract by failing to pay for some of the work Johnny B’s performed.

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Schumacher, P.J.  (11 pages)

            Felty Yoder appeals his convictions and sentences.  He argues the State failed to present sufficient evidence to support his convictions for sex abuse, the district court improperly admitted evidence of prior bad acts, and the court impermissibly relied on unproven offenses in sentencing.  OPINION HOLDS: We find sufficient evidence supports Yoder’s convictions, and the district court did not abuse its discretion in either admitting evidence or in sentencing.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  Dissent by Langholz, J.  (18 pages)

            A party to arbitration appeals a ruling vacating the award.  OPINION HOLDS: We affirm, finding the district court correctly ruled the award was not supported by substantial evidence. DISSENT ASSERTS: Because the district court exceeded the bounds of its limited review of arbitration awards under Iowa Code section 679A.12 (2022), I would reverse the district court and let the binding arbitration award stand.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (14 pages)

            Thomas Yarges appeals the denial of his application for postconviction relief.  OPINION HOLDS: Yarges has failed to demonstrate the prejudice necessary to succeed on his claim of ineffective assistance of counsel because by pleading guilty he avoided two potential felony convictions and eight more years of imprisonment, and the State’s case against him was strong.  Likewise, Yarges failed to present clear and convincing evidence that based on his assertions to the contrary of the State’s witnesses no reasonable jury could have found that he committed the crimes of which he was accused.  We affirm.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Garry Gulash appeals the district court’s denial of his request to modify the property division in the parties’ dissolution decree.  OPINION HOLDS: At the time of the dissolution decree, the court and the parties treated Garry’s pension benefits as marital property, not as income.  We reject Garry’s attempt to recategorize the benefits he receives as disability benefits, which could be treated as income.  The division of property in a dissolution decree is not subject to modification.  We affirm the court’s decision to deny the request to modify the decree.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF CORRECTED SENTENCING ORDER.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J. (5 pages)

            Quaysean Purdy appeals the fines imposed following his convictions for third-degree sexual abuse and assault with intent to commit sexual abuse.  He argues the district court abused its discretion when it set the fine on each count.  OPINION HOLDS: The district court did not abuse its discretion when setting the fines on either count.  However, we remand for entry of a corrected sentencing order to harmonize the written sentencing order with the oral pronouncement of sentencing on the assault-with-intent-to-commit-sexual-abuse conviction setting the term incarceration not to exceed two years and imposing a fine of $855.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  Dissent by Langholz, J.  (21 pages)

            Guardians appeal the district court’s denial of their petition to terminate a mother’s parental rights to her child under Iowa Code chapter 600A (2020).  OPINION HOLDS: Upon our review, we reverse and remand with instructions to enter an order terminating the parental rights of the mother.  DISSENT ASSERTS: I am compelled to conclude—like the district court—that the guardians have not met their heavy burden to prove abandonment, mainly because of their prevention of contact between the mother and child and their refusal of financial support from the mother.  Thus, I would affirm the dismissal of this termination petition. 

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Langholz, J., and Vogel, S.J.  Opinion by Bower, C.J.  (8 pages)

            Aaron Clark appeals property distribution and spousal support provisions of the decree dissolving his marriage to Rochelle Clark and challenges the court’s award of trial attorney fees to Rochelle.  OPINION HOLDS: We find no failure to do equity in the court’s division of the pension and retirement benefits.  We also affirm the award of spousal support but modify the amount to $700 per month.  The district court did not abuse its discretion when it awarded attorney fees, and we award Rochelle appellate attorney fees.  We affirm as modified.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (2 pages)

            Hannah Jean Hennick pled guilty to driving while barred as a habitual offender.  OPINION HOLDS: Because there is no good cause for the appeal, error was not preserved on this issue, and we cannot decide ineffective-assistance claims on direct appeal, we must dismiss the appeal.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J. (7 pages)

            Ricco Fourkiller appeals his conviction for willful injury causing bodily injury, arguing the evidence was insufficient to prove he specifically intended to cause serious injury.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, we find sufficient evidence supports the verdict and affirm.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Bower, C.J.  (9 pages)

            S.P. appeals the district court’s finding he suffered from serious mental impairment and his commitment was proper.  OPINION HOLDS: Finding clear and convincing evidence to support the district court’s ruling, we affirm.

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (20 pages)

            Woodlyn Hills Estates, LLC (Woodlyn Hills) owns nearly eighty-eight acres of real estate in rural Dickinson County; it applied for a conditional use permit to develop an RV park with 174 spots.  Following public hearings, the Dickinson County Board of Adjustment (the Board) voted 3-2 to grant the permit.  Country View Acres Homeowners (the Homeowners), a nonprofit association of individuals who own homes in Dickinson County near the proposed RV park, petitioned for a writ of certiorari to challenge the Board’s decision.  The district court allowed Woodlyn Hills to intervene in the proceedings and, following the admission of some additional evidence, ultimately annulled the writ.  On appeal, the Homeowners claim the writ should have been sustained because the Board acted illegally by failing to substantially comply with procedural requirements before reaching its decision and because its decision to grant the conditional use permit is not supported by substantial evidence.  OPINION HOLDS: Considering all the procedural issues discussed, we conclude the Board failed to substantially comply with its own procedural requirements and thus acted illegally.  We need not address the parties’ other arguments raised on appeal. We reverse the ruling of the district court annulling the writ.  We remand for reinstatement of the writ and for further proceedings, during which the Board should reopen the record for public comment.  The Board shall receive Van Orsdel’s April 21 email and any correspondence submitted as attachment 4170, that have identifiable authors, which were not read at the April 25 meeting, and the letters from Megan Skalicky and Seth Skalicky, before conducting another vote on whether to grant the conditional use permit.  We take no position on whether the conditional use permit for the RV park should be granted. 

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

            Champayne Renee Sandifer-Jackson appeals her sentence, claiming there was a binding plea agreement, and the district court abused its discretion.  OPINION HOLDS: Sandifer-Jackson’s plea was not conditioned on the court’s acceptance of a particular sentence, and the sentence imposed was not an abuse of discretion.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            On discretionary review, Jesse DeGroote challenges the sufficiency of the evidence supporting his conviction for simple-misdemeanor assault.  OPINION HOLDS: Substantial evidence supports DeGroote’s conviction for assault, so we affirm. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, Judge.  VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (12 pages)

            The defendant appeals the sentence imposed following his conviction for operating while intoxicated, second offense.  OPINION HOLDS: Because we find that the sentencing court relied on unproven facts in making its sentencing decision, we vacate the sentence and remand for resentencing.

            Appeal from the Iowa District Court for Polk County, Sarah E. Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (5 pages)

            Noah Knight appeals from the parenting schedule set in an order awarding joint legal custody and joint physical care of his daughter with Athena Soumas.  OPINION HOLDS: The alternating weekend parenting schedule is in the best interest of the parties’ daughter.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            Dr. Qingli Meng challenges the district court’s denial of her petition for judicial review.  OPINION HOLDS: Both the university-wide standards in chapter three of the Faculty Handbook as well as the old department-specific standards that Dr. Meng opted into governed the procedure here; therefore, the Committee and Head of the Department relied on the correct procedure in evaluating Dr. Meng’s application for tenure and the Board of Regents did the same in accepting their decision.  Its decision to deny her tenure was rational, made with regard to the law and facts, and based on reasonable grounds.  For these reasons, we affirm the district court’s denial of Dr. Meng’s petition for judicial review.

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  MODIFICATION AFFIRMED; WRIT ANNULLED.  Considered by Bower, C.J., Langholz, J., and Danilson, S.J.  Opinion by Bower, C.J.  (20 pages)

            Justin Olson appeals the district court’s order modifying the visitation provisions of a custody decree and finding him in contempt for depriving Sara Whitead parenting time with their child.  OPINION HOLDS: We affirm the modification of the parties’ custody decree.  We further find substantial evidence Justin willfully violated the decree, and we annul the writ of certiorari.  We deny Justin’s challenge to the district court’s award of trial attorney fees to Sara, and we award Sara $9842.50 in appellate attorney fees.

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

            Raymond Wilson appeals the modification of the parties’ dissolution decree granting Staesha Fenton, formerly Staesha Wilson, sole legal custody of their two minor children.  OPINION HOLDS: We conclude Staesha established a material and substantial change in circumstances since entry of the dissolution decree warranting modification and Raymond has focused solely on his own interests, rather than the best interests of the children.  We affirm the decision placing the children in Staesha’s sole legal custody.  We decline to award Staesha appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (17 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Because we find there was clear and convincing evidence of the statutory ground for termination in Iowa Code 232.116(1)(f) and (h) (2023), the best interests of the children are best served by termination, the permissive exception does not preclude termination, and the department met the active-efforts requirement under the Indian Child Welfare Act, we affirm the termination of the mother’s parental rights.  The mother did not preserve error on her request for six additional months.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their children, claiming the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the children’s best interests, and the court should apply a permissive exception to preclude termination.  OPINION HOLDS: Upon our review, we affirm both appeals.  

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals from a dispositional order in a child-in-need-of-assistance proceeding.  She challenges the juvenile court’s denial of her motion to reopen the adjudicatory record to allow the child at issue to testify.  She also challenges the juvenile court’s decision to place custody of the child with the father and denial of her motion to change service providers.  OPINION HOLDS: The juvenile court did not abuse its discretion in denying the motion to reopen the record.  Placing custody of the child with the father is in the child’s best interests.  There is no need to change service providers because the service provider is providing services and not hindering the reasonable-efforts mandate.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Schumacher, P.J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and no exceptions to termination should be applied.  And an extension of time is unwarranted under these facts.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (10 pages)

            A father appeals the termination of his parental rights.  He challenges the grounds for termination, argues termination is not in the children’s best interests, and requests the establishment of a guardianship or additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because termination is in the best interests of the child, and additional time or application of a permissive exception are not warranted, we affirm.

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

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and an exception to termination should not be applied.  An extension of time for reunification efforts is unwarranted on these facts.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Woodbury County, Kristal L. Phillips, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

            A father appeals the termination of his parental rights, challenging the sufficiency of the evidence supporting the grounds for termination.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

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

            Korey and Javon appeal the termination of their parental rights to one-year-old L.J.  They both challenge the statutory grounds for termination and request a six-month extension of the proceedings.  Additionally, Javon contends the juvenile court should have placed L.J. with his mother, the paternal grandmother.  Javon also contends termination of his rights is not in L.J.’s best interests.  OPINION HOLDS: Neither parent can safely care for this medically complex child.  We find no merit in their challenges, so we affirm on both appeals. 

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

            A father appeals the termination of his parental rights to his child, arguing the grounds for termination have not been met, termination is not in the best interests of the child, and we should decline to terminate based on a permissive exception.  OPINION HOLDS: Because we find the statutory grounds for termination are satisfied, the best interests of the child support termination, and no exceptions to termination are applicable, we affirm.

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  The mother claims the State failed to prove the grounds for termination cited by the juvenile court and termination is not in the child’s best interests.  Both parents claim the State did not engage in reasonable efforts to reunite them with the child.  OPINION HOLDS: Upon our review, we affirm on both appeals.   

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

            A father appeals the termination of his parental rights, challenging whether the State made reasonable efforts towards reunification and whether sufficient evidence supports the statutory elements of termination.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  The mother challenges the statutory grounds for termination, and the father asks us to decline to terminate based on a permissive exception.  OPINION HOLDS: Having found the statutory grounds satisfied and because we decline to exercise a permissive exception, we affirm termination of the mother’s and father’s parental rights.

            Certiorari to the Iowa District Court for Marshall County, John J. Haney, Judge.  WRIT ANNULLED.  Considered by Badding, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            David Robbins petitions for writ of certiorari regarding denial of his request for a determination of his reasonable ability to pay restitution.  OPINION HOLDS: Finding Robbins failed to properly present any claim for our review, we annul the writ of certiorari.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (24 pages)

            Odol Othow appeals his convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing serious injury.  OPINION HOLDS: Because we find that the district court did not err in overruling Othow’s motion to sever his trial from Owo Bol and Thon Bol, that the district court did not err in admitting the recorded statements of two other co-defendants even though they were severed from the trial, and substantial evidence supports the verdict, we affirm Othow’s convictions.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (6 pages)

            David Hirvela appeals the district court’s sentencing decision, arguing that the court improperly considered only a single factor and failed to consider the best sentencing option for rehabilitation.  OPINION HOLDS: Because the district court considered permissible sentencing factors including the nature of the offense in deciding Hirvela’s sentence, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Heard by Bower, C.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (23 pages)

            Fredrick Williams appeals his convictions for first-degree murder and abuse of a corpse, challenging evidentiary rulings and the sufficiency of the evidence supporting the verdicts.  OPINION HOLDS: Because we find the most of challenged statements are either non-hearsay or fall under the exception to the rule against hearsay for then-existing mental, emotional, or physical conditions; the probative value of the evidence of prior bad acts on the issue of intent is not substantially outweighed by the danger of unfair prejudice or proof that Williams had a bad character or propensity for violence; that the few pieces of admitted hearsay evidence did not affect Williams’s substantial rights; and because we find substantial evidence supports both convictions, we affirm.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Jordan Sanford appeals from the district court’s finding that he is a sexually violent predator, arguing his attorney was ineffective for failing to challenge the basis for an expert’s opinions.  OPINION HOLDS: Even if we were to assume without deciding that Sanford’s counsel had a duty to raise the issue, we find no prejudice and affirm.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister and Jeanie Vaudt, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (14 pages)

            Carter Woodruff appeals his convictions for assault causing bodily injury, lascivious acts with a child, and assault while participating in a felony.  OPINION HOLDS: We affirm the district court’s denial of Woodruff’s request for a Franks hearing based on his claim the search warrant application for his tablet contained false and misleading information.  We also affirm the denial of his motion to suppress information obtained from the tablet.  We determine Woodruff’s convictions for assault causing bodily injury and assault while participating in a felony should be merged.  We find the district court did not give adequate reasons for making the sentences in this case consecutive to a probation revocation matter.  We affirm in part, reverse in part, and remand for resentencing.

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Vogel, S.J.  Chicchelly, J., takes no part.  Opinion by Vogel, S.J.  (11 pages)

            Stephanie Eakes appeals the denial of her application for postconviction relief (PCR), arguing the district court erred in rejecting her claim that the sentence imposed on her felony conviction was improperly treated as running consecutively to the sentence imposed on a prior conviction for which she was on parole when she committed the new offense.  Also submitted with this appeal for our consideration is the State’s motion to dismiss the appeal as moot.  OPINION HOLDS: We deny the State’s motion to dismiss but affirm the denial of Eakes’s PCR application on the merits. 

            Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner and Patrice Eichman, District Associate Judges.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART; SENTENCES AFFIRMED IN PART AND VACATED IN PART; ORDER FOR FIREARM PROHIBITION VACATED; AND CASE REMANDED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Bower, C.J. (15 pages)

            Ryan Richter appeals the denial of his motion to suppress and the entry of an order for firearm prohibition.  As to the motion to suppress, Richter argues the seizure and search of his vehicle was unconstitutional under the federal and state constitutions because a police officer’s acts of entering his vehicle and moving it were not justified by the public servant branch of the community caretaking exception to the warrant requirement.  As to the firearm prohibition, Richter argues the court was without statutory authority to impose it and it violates his constitutional right to bear arms under the federal and state constitutions.  OPINION HOLDS: We reverse the district court’s denial of Richter’s motion to suppress, reverse the marijuana conviction, vacate the sentence imposed on that conviction, and remand for further proceedings.  Because the firearm prohibition was premised solely on the marijuana conviction, we likewise vacate the separate order for firearm prohibition. 

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

            Jared Owens appeals the denial of his application for postconviction relief (PCR).  Owens raises claims of prosecutorial misconduct and ineffective assistance of counsel.  OPINION HOLDS: Because Owens pleaded guilty part way through his criminal trial, he waived challenges to errors not intrinsic to his plea and cannot directly raise his claim of prosecutorial misconduct.  Owens cannot establish any of his claims of ineffective assistance of counsel because trial counsel had no duty to make a meritless objection to claimed prosecutorial misconduct, and Owens did not establish prejudice regarding his other claims.

            Appeal from the Iowa District Court for Shelby County, Jeffrey L. Larson, Judge.  REVERSED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (8 pages)

            Susan Ronnfeldt appeals the district court’s dismissal of her medical malpractice action.  OPINION HOLDS: Because the district court’s orders dismissing Ronnfeldt’s claims were based in part on a judgment subsequently reversed, we reverse.   

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Johnny Mack Hill Jr. appeals from his conviction for attempted murder, arguing the evidence is insufficient to support his conviction.  OPINION HOLDS: Finding the evidence sufficient for the jury to conclude both that Hill set in motion a force or chain of events that would cause or result in death and that he specifically intended to cause death, we affirm.

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A plaintiff appeals from an adverse verdict in an automobile accident case.  OPINION HOLDS: Finding error was not preserved due to an inadequate offer of proof, we affirm.

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Buller, J.  (11 pages)

            Three beneficiaries appeal a ruling on their objections to an executor’s final report.  OPINION HOLDS: Because we find that the siblings entered into the Family Settlement Agreement (FSA) before their interests vested and that after the deaths of two of the parties their beneficiaries became necessary parties to the agreement, the FSA is invalid, and the property should not have been distributed based on its terms.  But we reverse and remand for additional evidence of the validity of the will that preceded the FSA.  We issue no ruling on the accounting issue not properly before us, and we affirm the portion of the ruling addressing self-dealing.

            Appeal from the Iowa District Court for Montgomery County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A games supplier appeals the district court ruling regarding the end of its contractual relationship with an arcade business.  OPINION HOLDS: The supplier’s contract repudiation predates any arguable breach, and we affirm.

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

            Andrew Thomas appeals his conviction for assault causing bodily injury, claiming there was insufficient evidence to prove that he engaged in “an act intended to cause pain or suffering or be insulting or offensive.”  OPINION HOLDS: We affirm, concluding substantial evidence supports the jury’s verdict.

            Appeal from the Iowa District Court for Johnson County, Jeffrey D. Bert, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Defendants appeal the district court order reversing summary judgment.  OPINION HOLDS: Because the plaintiff does not allege fraud in the inducement as to the contract’s two-year limitation provision, we conclude his claims are barred.  Accordingly, we reverse and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by Greer, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Sara Jo Weisbeck, through writ of certiorari, challenges the district court’s imposition of restitution following her convictions for one count of identity theft and one count of insurance fraud.  She argues restitution is not causally related factually or within scope of liability and that evidence does not support the amount of restitution ordered.  OPINION HOLDS: Upon our review, we affirm the district court’s finding that an award of restitution was factually related and within the scope of liability, but we reverse and remand for determination of the proper amount of restitution. 

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

            Hser Nay Thaw appeals his conviction for third-degree burglary, contending insufficient evidence supports the conviction and his trial counsel was ineffective.  OPINION HOLDS: Because the conviction is supported by substantial evidence and we cannot consider ineffective-assistance claims on direct appeal, we affirm.

            Appeal from the Iowa District Court for Linn County, Paul D. Miller (good cause finding) and Andrew Chappell (motion to set aside good cause finding, motion to dismiss, and trial), Judges.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  Buller, J., takes no part. (11 pages)

            Dimione Jamal Walker appeals his convictions, contending the State violated his constitutional right to speedy trial, the prosecutor impermissibly struck a prospective juror, and the trial court abused its discretion by admitting prejudicial evidence.  OPINION HOLDS: Because we find Walker failed to show that the State violated his speedy-trial right, the prosecutor did not exercise a peremptory challenge based on a prospective juror’s race, and the probative value of the challenged evidence was outweighed by its prejudicial effect, we affirm.

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

            Randall Bielfelt appeals the district court’s grant of summary disposition to the State on one postconviction-relief claim, arguing he received ineffective assistance of counsel because trial counsel failed to investigate a prior allegation of sexual abuse.  He also appeals the denial of his application for postconviction relief on his second claim, arguing he received ineffective assistance of counsel because trial counsel failed to consult an expert.  OPINION HOLDS: Because this court has already decided Bielfelt suffered no prejudice from the admission of the evidence Bielfelt claims his trial counsel should have investigated, trial counsel did not fail to perform an essential duty by not consulting an expert, and no prejudice resulted from failing to consult an expert, we affirm.

            Appeal from the Iowa District Court for Linn County, Valerie L. Clay, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Buller, J.  (15 pages)

            A credit union and its attorneys seek certiorari review following an award of sanctions for failing to adequately investigate claims made in pleadings.  OPINION HOLDS: Because the district court did not abuse its discretion, we annul the writ and allow the order for sanctions to stand.

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Christian Goyne-Yarns appeals his conviction for murder in the first degree of Shelby Woizeschke.  He seeks a new trial, challenging the strength of the State’s proof and a ruling excluding evidence of a handgun, tested at the state crime laboratory but ruled out as the murder weapon.  OPINION HOLDS: Because the State offered overwhelming evidence of Goyne-Yarns’s guilt, we affirm.  And even if we assume exclusion of the gun evidence was erroneous, it was harmless error. 

            Appeal from the Iowa District Court for Black Hawk County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Tracy Adam Thompson appeals the denial of his application for postconviction relief after pleading guilty to one count of possession of methamphetamine, third or subsequent offense, a class “D” felony.  OPINION HOLDS: Because Thompson has not met his burden of proving ineffective assistance of counsel, we affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Muzammil Ali appeals the denial of his application for postconviction relief.  OPINION HOLDS: The postconviction court properly applied the law when it found counsel did not breach any duty by failing to inform Ali of a collateral consequence of pleading guilty.  Because Ali has not shown his trial counsel provided ineffective assistance, we affirm the denial of postconviction relief.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Patrick Kirwan appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Kirwan fails to show he received ineffective assistance from his trial counsel, we affirm.

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            Terry Cobbins appeals the summary dismissal of his second application for postconviction relief asserting Iowa Code section 822.3 (2019) is unconstitutional.  OPINION HOLDS: Cobbins failed to preserve error on his constitutional contention, so we affirm dismissal. 

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (10 pages)

            A defendant convicted of harassment challenges an order prohibiting him from having in-person contact with his two minor sons for five years.  OPINION HOLDS: As the defendant did not preserve error on his challenge to the no-contact order involving his older son, we limit our review to the no-contact order involving his younger son and to his substantive due process challenge.  Because we find the district court correctly determined that his younger son was a victim of the defendant’s public offense, and because the defendant’s substantive due process claim lacks merit, we affirm the ruling.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Langholz, J., takes no part.  Opinion by Buller, J.  (22 pages)

            A professor appeals from judicial review affirming discipline following findings of research misconduct.  OPINION HOLDS: Finding the university did not act unconstitutionally or in violation of its rules, policies, or procedures, we affirm.

            Appeal from the Iowa District Court for Cedar County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Blane, S.J.  Buller, J., takes no part.  Opinion by Schumacher, J.  (7 pages)

            Zachary Hayes appeals the district court’s denial of his application for postconviction relief.  He asserts ineffective assistance of trial counsel, arguing counsel failed to challenge the sufficiency of the evidence on one count and failed to request jury instructions on lesser-included offenses.  OPINION HOLDS: As Hayes failed to show ineffective assistance of counsel regarding the sufficiency-of-the-evidence claim and failed to preserve error on the jury-instructions claim, we affirm the district court’s denial of the application for postconviction relief.  And we do not address the ineffective assistance of postconviction counsel.

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            John and Trisha Krughel appeal from a judgment ordering them to demolish a building on their property because it was built in violation of restrictive covenants.  OPINION HOLDS: The Krughels built a building on their lot in violation of the lot’s restrictive covenants.  Their argument that it was impossible or impractical to seek approval of their subdivision’s building committee fails because the building committee existed and the Krughels had notice of that fact.  And we decline to consider the Krughels’ new laches and estoppel-by-acquiescence arguments because they did not preserve error by raising them with any specificity in the district court.  So we affirm the district court’s order to demolish the building.

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

            Patrick Isabell appeals his convictions for robbery in the first degree, burglary in the first degree, and going armed with intent.  He claims there was not sufficient evidence to show he had a gun.  OPINION HOLDS: Upon our review, we affirm.  

            Appeal from the Iowa District Court for Sac County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Diaz contends his conviction violated his constitutional rights, his sentence is illegal, and the district court should have ordered a competency evaluation.  OPINION HOLDS: Because neither Diaz’s conviction nor sentence violated his constitutional rights or constituted error, we affirm both.

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

            Ryan Bigg appeals the child support, spousal support, and attorney fees awarded to Rachael Bigg in their dissolution-of-marriage decree.  OPINION HOLDS: On our de novo review of the record, we modify the dissolution decree to award Rachael transitional spousal support for eighteen months.  We affirm the award of trial attorney fees to Rachael and deny her request for appellate attorney fees.  The case is remanded to the district court for recalculation of child support.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Schumacher, P.J.  (9 pages)

            Danah Kleppe appeals her conviction for operating while intoxicated.  Kleppe claims the district court should have granted her motion to suppress.  She asserts that an officer did not have probable cause to stop her vehicle because the evidence does not show that she committed a traffic violation.  OPINION HOLDS: Kleppe turned left at two intersections without signaling.  We find that because of the presence of another vehicle at one intersection, the proximity of the officer, and the totality of the circumstances, the officer had reasonable suspicion to stop Kleppe’s vehicle.  We affirm the district court.

            Appeal from the Iowa District Court for Poweshiek County, Shawn Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals from a ruling declining to modify child-support obligations.  The mother requests appellate attorney fees.  OPINION HOLDS: We agree with the approach taken by the district court; we affirm and grant the mother’s request for attorney fees.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., Langholz, J., and Carr, S.J.  Opinion by Langholz, J.  (6 pages)

            Melvin Hardgraves appeals from the denial of his petition to modify a custody order to obtain physical care of his eight-year-old daughter, who is currently placed in the care of her mother, Ica Goulette.  OPINION HOLDS: Hardgraves has not met his heavy burden to show a substantial change in circumstances warranting modification of the current physical-care order.  We thus affirm the district court’s denial of his modification petition.  We also deny Goulette’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            S.M., a minor child, appeals the juvenile court’s adjudication of him as a delinquent child, finding that he committed the delinquent acts of domestic abuse assault causing injury or mental illness and domestic abuse assault while using or displaying a weapon.  OPINION HOLDS:  Because sufficient evidence supports these findings, we affirm.

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

            Bryan Halfhill appeals his convictions of second-degree sexual abuse and lascivious acts with a child.  He challenges the district court’s denial of his motion for new trial, claiming the verdicts are contrary to the weight of the evidence.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Langholz, J., takes no part.  Opinion by Schumacher, J.  (8 pages)

            The City of Dubuque appeals the district court’s ruling that granted Dubuque County’s motion to dismiss in this action to determine which entity is responsible for future maintenance of a cemetery.  OPINION HOLDS: Because the City is the governmental subdivision with jurisdiction over the cemetery under Iowa Code section 523I.316 (2020), we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Troy Rees appeals the sentence imposed, arguing he was denied his right of allocution.  OPINION HOLDS: Because the court afforded Rees and his attorney the opportunity to volunteer information regarding his punishment, there was substantial compliance with the rule and the court did not deny him his right of allocution.  Finding no defect in the sentencing procedure, we affirm.

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

            A father appeals the adjudicatory and dispositional orders in child-in-need-of-assistance (CINA) proceedings.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support the CINA orders.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A biological father appeals the termination of his parental rights.  OPINION HOLDS: Because case law forecloses two of the father’s claims and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two sons contending the State did not prove the statutory grounds for termination and the court should have found statutory exceptions to termination.  OPINION HOLDS: The State proved the statutory grounds for termination, and we agree with the juvenile court that neither of the exceptions asserted applies in this case.  Thus, we affirm the termination. 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            A mother appeals the adjudication and dispositional order in child-in-need-of-assistance (CINA) proceedings concerning her child.  OPINION HOLDS: We affirm the adjudication of the child as CINA under Iowa Code section 232.96A(3)(b), (5), (14), (15), and (16) (2023).  We reverse the adjudication of the child as to Iowa Code section 232.96A(2).  We affirm the disposition.

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

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination and contends that termination is not in the child’s best interests, citing her bond with the child and preference for establishment of a guardianship over termination.  OPINION HOLDS: The State established the child could not be safely returned to the mother’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  Termination rather than a guardianship best serves the child’s best interests.  And the parent-child bond is not so strong to preclude termination on that basis.

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (15 pages)

            The juvenile court terminated the mother’s parental rights to F.F., born in 2022, pursuant to Iowa Code section 232.116(1)(h) (2023).  On appeal, the mother challenges the statutory ground for termination, argues the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the child, and contends termination is not in the child’s best interests.  Alternatively, the mother maintains she should have been given more time to work toward reunification.  The mother also raises claims outside of our typical three-step review, asserting F.F. should have been immediately returned to her care after she decided she wanted to parent and the court erred in terminating her rights while leaving intact the rights of a possible biological father.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            A father appeals the termination of his parental rights to two children, arguing termination is contrary to the children’s best interests, the juvenile court should have applied permissive exceptions to termination, and he should be afforded additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Finding the statutory grounds for termination are met, the best interests of the children support termination, and declining to address issues not preserved for our consideration, we affirm the order terminating the mother’s parental rights.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her four-year-old daughter and six-year-old son.  She contends the State did not prove the children could not be returned to her custody and it was not in their best interests to terminate her rights.  OPINION HOLDS: We find clear and convincing evidence that the mother’s lack of protective capacity regarding her paramour, who is a registered sex offender, would expose the children to the risk of harm.  And after two years out of parental care, moving toward adoption is int the children’s best interests.  Thus, we affirm. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  The father contests that the statutory grounds for termination have been met.  Both parents contend termination is not in the best interests of the child, ask us to consider a permissive exception to termination, and request more time to work toward reunification.  OPINION HOLDS: We find the statutory grounds for termination are satisfied for each parent and that the best interests of the child support termination.  Further, we decline to exercise any exceptions or extensions to termination, so we affirm.

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

            A mother and father separately appeal the termination of their parental rights, claiming the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the children’s best interests, the court should apply a permissive exception to preclude termination, and a guardianship should have been entered in lieu of termination.  OPINION HOLDS: Upon our review, we affirm both appeals.   

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother appeals the adjudication of her four-year-old as a child in need of assistance.  OPINON HOLDS: Because we find the State established the statutory grounds for adjudication and the court’s aid was necessary to enforce services, we affirm.

            Appeal from the Iowa District Court for O’Brien County, Jessica Noll, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            An incarcerated father appeals the termination of his parental rights, raising a reasonable-efforts challenge.  OPINION HOLDS: Because he did not request additional services and we find the efforts provided reasonable under the circumstances, we affirm.