August 2024 Archive | Most Recent Court of Appeals Summaries

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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