September 2024 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (16 pages)

            Dr. Joy Trueblood appeals the summary judgment ruling dismissing her tort claims against her insurance carrier, MMIC Insurance, Inc., under the Full Faith and Credit Clause because the same claims were previously dismissed in a Minnesota state court proceeding.  MMIC cross-appeals the denial of its requests for sanctions against Trueblood for filing a frivolous suit for an improper purpose.  OPINION HOLDS: The Minnesota judgment is a final decision on the merits reached after Trueblood had a full and fair opportunity to litigate her claims.  The Full Faith and Credit Clause thus demands that we give our sister state’s judgment preclusive effect, foreclosing Trueblood’s second try at suing MMIC.  Even so, we cannot say that the district court abused its discretion in declining to sanction Trueblood for filing this suit.

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

            Chad Bennett appeals the dismissal of his action for failing to timely serve the defendants.  OPINION HOLDS: Because Bennett did not show good cause for the delayed service and the court properly determined directing an alternate manner of service was unwarranted, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson and Roger L. Sailer, Judges.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (24 pages)

            A jury found Dwight Evans guilty of first-degree murder and going armed with intent following the shooting death of Martez Harrison.  Evans, who was seventeen at the time of the shooting, was later sentenced to life imprisonment with the eligibility for parole after twenty years.  On appeal, he argues (1) the district court erred in admitting the recording of a jail phone call as non-hearsay by co-conspirators because there was insufficient evidence that Evans was engaged in a conspiracy with them, (2) neither of his convictions is supported by substantial evidence, and (3) the district court abused its discretion in sentencing him to a mandatory minimum of twenty years before he becomes eligible for parole.  OPINION HOLDS: Because the district court did not commit reversible error in admitting a recorded jail phone call that contained the conversation of Evans’s co-conspirators and substantial evidence supports each of his convictions, we affirm Evans’s convictions.  And because the court neither considered inappropriate information nor abused its discretion in weighing the various factors allowed to be considered, we affirm Evans’s sentences. 

            Appeal from the Iowa District Court for Poweshiek County, David Nelmark, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Farmers claim a waiver contained in a restructuring agreement with their former financial lender is not enforceable because they entered into the agreement under economic duress.  OPINION HOLDS: The record does not establish a fact question as to whether the farmers involuntarily accepted the terms of the restructuring agreement.  As a result, the farmers cannot claim economic duress to avoid application of the waiver provision contained in the agreement. 

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Sandy, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A defendant challenges whether substantial evidence supports his conviction for murder in the first-degree.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, the jury could conclude the circumstances of the defendant’s actions—a course of violent conduct that escalated until the victim was not just unconscious, but dead—showed the defendant specifically intended to kill her.  As well, the defendant’s use of a baseball bat supports the jury’s conclusion that he acted with malice aforethought.  Accordingly, substantial evidence supports the defendant’s conviction for murder in the first degree.

            Appeal from the Iowa District Court for Story County, Adria Kester and Amy M. Moore, Judges.  AFFIRMED.  Considered by Tabor, C.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J. (15 pages)

            A jury found Joseph Awino guilty of four counts of willful injury causing serious injury, and the district court sentenced Awino to four ten-year terms of incarceration to be served consecutively, for a total term of incarceration not to exceed forty years.  Awino appeals his convictions and sentences, arguing (1) there is insufficient evidence to support the convictions; (2) the district court erred by admitting hearsay testimony; (3) his motion for substitute counsel for sentencing should have been granted; (4) the district court abused its discretion in denying his motion to continue sentencing, and (5) the district court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: Because it was not properly preserved, we do not consider Awino’s hearsay claim.  We affirm his convictions because they are supported by substantial evidence.  And because the district court did not abuse its discretion in denying his motion for substitute counsel for sentencing, his motion to continue sentencing, or in imposing sentence, we also affirm his sentences. 

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (13 pages)

            Hope Clark appeals her conviction for operating while intoxicated.  She challenges the sufficiency of the evidence, the district court’s denial of her motion to suppress, and the district court’s admission of evidence she claims is hearsay not subject to an exception.  OPINION HOLDS: Clark’s conviction is supported by substantial evidence.  The district court did not err in denying Clark’s motion to suppress.  The evidence Clark claims is hearsay did not amount to hearsay because it was admitted to explain officers’ responsive conduct rather than for the truth of the matter asserted.  Even if the evidence went beyond the explaining responsive conduct, Clark failed to object to the evidence as going beyond the permissive scope.  Moreover, the State established that even if the evidence was improperly admitted for the truth of the matter asserted, it did not result in prejudice.

            Appeal from the Iowa District Court for Lee (South) County, Jonathan Stensvaag, Judge.  AFFIRMED.  Considered by Badding, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother appeals the private termination of her parental rights under Iowa Code chapter 600A, arguing that termination is not in her daughter’s best interest.  OPINION HOLDS: Giving the district court’s factual findings their due weight, we find the mother has not assumed the duties of a parent and termination best serves the daughter’s long-term needs.

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (6 pages)

Brienna Kerlin challenges the sufficiency of the evidence supporting her conviction for violating a custodial order, claiming the State failed to meet its burden to show she concealed her child from the child’s father.  OPINION HOLDS: We affirm the conviction as supported by substantial evidence.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (7 pages)

            An applicant appeals the denial of his application for postconviction relief, claiming the district court erred in rejecting his claims of ineffective assistance of counsel.  OPINION HOLDS: Finding counsel were not ineffective as alleged, we affirm.

            Appeal from the Iowa District Court for Delaware County, Michael J. Shubatt, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

            A defendant appeals her conviction and sentence for second-degree murder, arguing that the district court committed reversible error when it submitted Iowa Code section 704.2B(2) as a jury instruction over her objection at trial.  OPINION HOLDS: Weiner has not preserved error on her constitutional arguments.  And since the challenged instruction is a correct statement of law, applies to the facts here, and is not embodied elsewhere in the instructions, we affirm Weiner’s conviction and sentence.

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Badding, P.J., Sandy, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (7 pages)

            Brandon Seim appeals the denial of his application for postconviction relief, claiming the district court wrongly rejected his claim of ineffective assistance of counsel.  OPINION HOLDS: Finding no breach or prejudice, we affirm the denial of Seim’s application.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Badding, P.J., Langholz, J., and Danilson, S.J.  Opinion by Badding, P.J.  (13 pages)

            A husband appeals the decree dissolving his marriage, claiming the district court abused its discretion in allowing his wife to amend her pleading to request physical care and sanctioning him for discovery violations.  He also claims the court erred in determining physical care without considering the child’s best interests and dividing the parties’ property.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: We affirm the dissolution of the parties’ marriage, grant of joint legal custody, and division of property, but we reverse the district court’s order placing the minor child in Kelsey’s physical care.  We remand for the prompt conduct of a new evidentiary hearing before a new judicial officer on the issues of physical care, visitation, and child support.  Both parties’ request for appellate attorney fees are denied.

Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (14 pages)

            Michael Glynn appeals his convictions for first-degree arson, possession of ammunition by a prohibited person, and third-degree burglary.  He challenges the district court’s denial of his motion to change venue and the sufficiency of the evidence supporting his convictions.  OPINION HOLDS: Upon our review, we affirm.

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

            Kenneth Smith appeals an interlocutory district court order staying enforcement of a workers’ compensation award pending judicial review under Iowa Code section 17A.19(5) (2023) and refusing to enter judgment on the award under section 86.42.  While this interlocutory appeal was pending, the district court reversed and remanded the award to the workers’ compensation commissioner.  OPINION HOLDS: Because the judicial review proceeding ended while this interlocutory appeal was pending and the workers’ compensation award has now been reversed and remanded, this appeal is moot.  Any ruling in this case would not affect either party.  And this appeal does not satisfy the public importance exception to mootness because deciding this appeal would provide little additional guidance on the law governing stays and enforcement of workers’ compensation awards during judicial review proceedings.

            Appeal from the Iowa District Court for Harrison County, Craig M. Dreismeier, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Considered by Badding, P.J., Langholz, J., and Mullins, S.J.  Opinion by Badding, P.J.  (13 pages)

            A father appeals the decree dissolving his marriage, arguing the district court erred in placing his children in their mother’s physical care.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: On our de novo review of the record, we modify the decree to place the children in the father’s physical care.  We remand the matter to the district court to determine the mother’s visitation and child support.  We deny both parties’ requests for appellate attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Tamra Roberts, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (3 pages)

            A mother appeals a modification order, which altered a physical care award and established a child support obligation.  As the mother’s appellate brief fails to materially comply with the Iowa Rules of Appellate Procedure, we do not reach the merits of the appeal.  Opinion holds:  We affirm without further opinion.

            Appeal from the Iowa District Court for Crawford County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (8 pages)

            In a chapter 600A private termination action, the father challenges the district court ruling granting the mother’s petition to terminate his parental rights.  The father, who is incarcerated in federal prison in Mississippi and does not expect to be released until 2028, argues the court was wrong to conclude he abandoned his child under section 600A.8(3)(b)(2).  He also argues termination is not in the child’s best interests.  OPINION HOLDS: Because we find the father abandoned his child under section 600A.8(3)(b)(2) and it is in the best interest of the child to terminate the father’s parental rights, we affirm the decision of the district court.

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Gamble, S.J. Opinion by Badding, P.J.  (15 pages)

            A father appeals the private termination of his parental rights.  He challenges the statutory grounds for termination and claims termination is not in the children’s best interests.  The father additionally asserts ineffective-assistance-of-counsel claims.  OPINION HOLDS: Finding no cause for reversal, we affirm the termination of the father’s rights. 

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            A father appeals the district court’s termination of his parental rights, arguing the termination was not in the child’s best interest.  OPINION HOLDS: We hold that terminating the father’s parental rights was in the child’s best interest and thus affirm the district court ruling.

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

            A mother appeals termination of her parental rights to two children.  OPINION HOLDS: The mother waived the issues on appeal by failing to appear personally or contest the termination of her rights.  Even if not waived, we find the statutory grounds for termination have been met and termination is in the children’s best interests.  We affirm.

            Appeal from the Iowa District Court for Appanoose County, Richelle Mahaffey, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (7 pages)

            A mother challenges the removal of her infant son, his adjudication as a child in need of assistance, and the juvenile court’s dispositional order continuing his placement outside her home.  OPINION HOLDS: The mother’s claims about the initial removal are moot.  As for the adjudication and disposition, clear and convincing evidence in the record supports the juvenile court’s findings.   So we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A parent appeals the denial of an extension of time to delay termination and achieve reunification.  OPINION HOLDS: Finding the parent will be unable to safely resume care of the children in six months, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Judge.  AFFIRMED IN PART, VACATED AND REMANDED IN PART.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: I. Clear and convincing evidence supports terminating the mother’s parental rights to A.W. under Iowa Code section 232.116(1)(h) (2024).  II. Because J.W. was four years old at the time of the termination hearing, he does not meet the requirements for terminating the mother’s parental rights under section 232.116(1)(h).  The record does not show that the mother failed to maintain significant and meaningful contact with J.W to satisfy the requirements for terminating under section 232.116(1)(e).  We vacate the portion of the juvenile court’s order terminating the mother’s parental rights to J.W. and remand for further proceedings.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            A mother appeals the termination of her parental rights to her child.  She contends the State failed to prove the grounds for termination cited by the juvenile court and termination is not in the best interests of the child.  OPINION HOLDS: Upon our review, we affirm.  

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

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

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

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