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Strausser, District Associate Judge. Opinion by Vaitheswaran, P. OPINION HOLDS: Because a reasonable juror could have found Terry committed an act that was meant to cause pain or injury and he intended to cause a serious bodily injury, and because we are not convinced there is a reasonable probability the district court would have granted a motion for a new trial, we affirm. Lauber, Judge. Lynne Gillen appeals the restitution ordered following her guilty plea to operating a motor vehicle while intoxicated, first offense, arguing the district court erred in ordering her to pay restitution at the time of sentencing.

Albright , N. Huppert, Judge. Opinion by Bower, C. Frank Nucaro appeals the denial of his application for postconviction relief. We affirm. Ostlund, Judge. Heard by Doyle, P.

Opinion by Schumacher, J. We affirm the decision of the district court. Greve, Judge. Opinion by Vaitheswaran, J. Roy DeWitt appeals his sentence following a guilty plea to eight counts of invasion of privacy.

Scott, Judge. Nall , N. Opinion by Tabor, J. This is a murder case without a body. Elizabeth Syperda has been missing since July She was married to Michael Syperda, but she had recently left him to pursue a relationship with a co-worker.

Michael was charged and convicted of first-degree murder. He now appeals. OPINION HOLDS: Because the totality of evidence supports a second-degree murder conviction and the State did not prove beyond a reasonable doubt that Michael acted with the specific intent to kill, we reverse the first-degree murder conviction and remand for entry of judgment and sentence on second-degree murder. Also, we find that the suppression hearing magistrate had a substantial basis for concluding that probable cause existed to support the search warrant.

Finally, we find Michael cannot show he was prejudiced by counsel allowing a witness to testify by video deposition and that the record is not adequate to address other claims of ineffective assistance of counsel.

Rosenberg, Judge. Sauer, District Associate Judge. Deirdre Laine Witham appeals her sentence following a guilty plea to operating a motor vehicle while intoxicated, third offense. Farrell, Judge. Considered by Doyle, P. Opinion by Doyle, P. Jodie Hill appeals the imposition of consecutive sentences following her guilty pleas.

She contends the district court violated Iowa Rule of Criminal Procedure 2. Opinion by Tabor, P. Also, because Matthew did establish beyond a reasonable doubt that Jamie violated the decree by refusing him communication with P. Daniel Smith appeals his conviction of possession of methamphetamine with intent to deliver, second or subsequent offense, and the sentence imposed.

Brandt, District Associate Judge. Donnie Ray Thurman appeals his sentence following a guilty plea to driving while barred as a habitual offender. McPartland, Judge. Opinion by Gamble, S. Dwight Murray appeals the dismissal of his application for postconviction relief.

Drew, Judge. Alex Welch appeals the sentences imposed upon two felony drug convictions. Lester, Judge. Eduardo Rodriguez Lopez appeals from the order denying his application for postconviction relief PCR. He claims his trial counsel was ineffective by admitting he was ready for trial and misusing time and resources fail because he is unable to show prejudice.

He waived a third claim of ineffective assistance of trial counsel, and his claim that the trial court erred in overruling his motion for judgment of acquittal is procedurally barred. Hulse, Judge. Heard by Vaitheswaran, P.

Defendant Eric Parmenter appeals from the judgment and sentence imposed following his conviction on two counts of sexual abuse in the third degree in violation of Iowa Code sections Parmenter has not shown the prosecutor committed misconduct by arguing the dates listed in the jury instructions were irrelevant during rebuttal argument. Because the district court failed to exercise its discretion when weighing the evidence, we reverse and remand this case to the district court for proceedings consistent with this opinion.

Jessalyn Brockman appeals the child custody provisions of the decree dissolving her marriage to Matthew Brockman. We decline to award Jessalyn her attorney fees on appeal. Stigler , Judge. Wildor Juste appeals his conviction of sexual abuse in the second degree. Juste argues the district court erred in 1 admitting testimony alleged to have improperly vouched for the complaining witness, 2 admitting hearsay statements alleged to bolster out-of-court statements made by the complaining witness, 3 submitting a jury instruction naming a date range in which the alleged abuse took place, 4 denying access to department of human services records relied upon by testifying witnesses, and 5 admitting employment records and related testimony over hearsay objections.

Harris, Judge. Lane is serving two indeterminate, consecutive twenty-five year prison terms on his convictions for sexual abuse in the second degree and burglary in the first degree. Lane contends that the guarantee of assistance of counsel should be set to a higher standard and his trial counsel was remiss in numerous ways. He also claims his sentence is cruel-and-unusual punishment. In addition, we find that counsel did not breach his duty with respect to his assistance in legal counseling.

Fangman and David P. Odekirk, Judges. Considered by Potterfield, P. Opinion by Greer, J. Jeremy Rutter appeals his conviction and sentence for two counts of possession with intent to deliver and one drug tax stamp violation.

Rutter argues a warrantless search of the master bedroom of his home was unconstitutional under the federal and state constitutions. Karen Doren appeals from the summary dismissal of her application for postconviction relief PCR.

Traum, District Associate Judge. Dissent by Vogel, S. Troy Ford appeals his conviction for third-offense possession of marijuana asserting the district court erred in denying his motion to suppress. A police officer mistakenly arrested Ford based on an outstanding warrant for a different individual with the same name.

Ford contends the arrest was invalid so the search incident to arrest revealing the marijuana was unconstitutional and the district court should have suppressed it. OPINION HOLDS: Because the officer did not act reasonably in searching Ford before verifying his identity as the person with the warrant, we reverse the suppression ruling and remand for further proceedings consistent with this opinion. Poulson and Zachary Hindman, Judges. So reversal is not warranted.

May, J. Jhamond McMullen appeals his convictions, sentences, and judgment following a bench trial and verdict finding him guilty of several drug-related offenses. Joshua Shirbroun appeals the denial of his motion to set aside a default decree. Opinion by Carr, S. Brandt and Carol L. Coppola, District Associate Judges. Alexander Bertrand appeals his conviction for operating while intoxicated OWI , first offense, challenging the denial of his motion to suppress. He maintains his constitutional right to be free from unreasonable searches and seizures was violated because there was no probable cause or reasonable suspicion for the traffic stop.

He argues he did not abandon S. On appeal, K. The district court did not err by taking judicial notice of the criminal complaints against K.

Eric Tedrow appeals from the decree dissolving his marriage to Kelly Tedrow. He argues the district court erred in granting Kelly physical care of their child. So we affirm the district court. But we decline to award Kelly appellate attorney fees. Haney, Judge. Rogelio Minjares Simental appeals the denial of his petition to modify the child custody provisions of the decree dissolving his marriage to Maria Socorro Minjares.

OPINION HOLDS: Because there has not been a substantial change in circumstances that was not within the contemplation of the court when it entered the dissolution decree, we affirm the denial of the petition to modify. We award Maria her appellate attorney fees. Richter, District Associate Judge. Antoine Grisson Jr. Davenport, Judge. Schemmel, Judge. A mother appeals the termination of her parental rights to one of her children, born in A father appeals the juvenile court order waiving the requirement that the Iowa Department of Human Services make reasonable efforts to return his child to his care.

Because aggravated circumstances exist to warrant waiving the reasonable-efforts requirement, we affirm.

Ravin, age twenty-two, appeals an order terminating her parental rights to H. She contends the State did not prove the statutory basis for termination and termination is not in H. A mother appeals the termination of her parental rights pursuant to Iowa Code section A mother appeals the termination of her parental rights to three minor children, arguing that an exception under Iowa Code section Finley, District Associate Judge.

A mother appeals the termination of her parental rights to her child. Newell, District Associate Judge. Opinion by Vogel, S. Dissent by Vaitheswaran, P. The father of G. OPINION HOLDS: The father was notified in person and in writing of the date and time of the hearing and appeared with counsel, and the juvenile court did not abuse its discretion in denying his motion to continue the hearing. The State proved the statutory grounds for termination by clear and convincing evidence.

I would reverse and remand. Nicol, District Associate Judge. A mother appeals the termination of her parental rights. Liesveld, District Associate Judge. The mother appeals the dispositional order continuing the removal of her three children. Fowler, Judge. A mother appeals the termination of her parental rights to her three daughters, D. We further find the record does not support that an extension of time for reunification efforts is warranted and termination is in the best interest of the children.

We therefore affirm. A mother appeals the termination of her parental rights to two children. She contends the court should have granted her request for a continuance, the State did not prove the statutory grounds, termination would be detrimental due to the parent-child bond, and the court should have given her more time to work toward reunification.

The district court did not abuse its discretion in denying the mother a continuance. The State proved the statutory grounds for termination as to each child, and the mother did not show termination would be detrimental. Nelson, District Associate Judge. A mother appeals the termination of her parental rights to her minor child, born in Tabor, Judge. Tabor, J. Jacob Boothby appeals from his convictions of assault with a dangerous weapon and third-degree criminal mischief.

He raises two ineffective-assistance claims. Blink, Judge. James Walden Jr. There was sufficient evidence to support the verdict, and it was not against the weight of the evidence. Finally, we preserve the ineffective-assistance-of-counsel claim for a possible postconviction-relief proceeding.

Schilling, Judge. Opinion by Blane, S. In this appeal, he claims his PCR counsel was ineffective for failing to raise the issue that his criminal trial attorney was ineffective for failing to discover and object to the district court relying in part upon his previous conviction for theft in the fifth degree when unrepresented by counsel for denying his request for a deferred judgment on a subsequent charge of theft in the second degree.

Marlon Harris Jr. McCall, Judge. DeGeest, Judge. Heard by Bower, P. The defendants appeal a bench ruling denying their claims and concluding they were not entitled to indemnification. OPINION HOLDS: We conclude Scott Allen and Doris Park were not validly removed as directors of the nonprofit corporation and are therefore entitled to mandatory indemnification for reasonable expenses incurred while defending the lawsuit, and we remand to the district court for a calculation of those reasonable expenses.

Larry Fairfax appeals his conviction for absence from custody, claiming his counsel provided ineffective assistance. Riley, District Associate Judge. Defendant appeals from a district court order revoking his probation and imposing an indeterminate term of incarceration not to exceed two years. Coppola, District Associate Judge. Jeremy Batiste appeals the judgment and sentence entered after he pleaded guilty to driving while barred as a habitual offender. So we preserve them for postconviction relief and affirm.

Lloyd, Judge. In addition, even viewing the evidence in the light most favorable to the siblings, this record lacks substantial proof the defendant engaged in fraud or undue influence. Brian Christner appeals his conviction of voluntary absence from custody and the sentence imposed. Grady, Judge. Bronson Ganka died as a result of a workplace injury. His widow, Kara Ganka, brought a gross negligence claim against his co-employee, Jeff Clark.

The jury found in favor of Kara. Jeff moved for judgment notwithstanding the verdict. Kara appeals. So we affirm the grant of judgment notwithstanding the verdict. McElyea, Judge. Heard by Tabor, P. A hotel appeals from a jury verdict giving the plaintiff a substantial damages award following a slip-and-fall on ice outside the hotel.

The defendant hotel also contends the district court abused its discretion in various evidentiary objections. The court did not abuse its discretion in permitting the objected-to evidence; other evidence improperly admitted was harmless.

Block, Associate Probate Judge. Special Concurrence by Potterfield, P. We conclude a confidential relationship existed between Mary and her father and the burden of proof should have shifted to Mary to rebut the presumption of undue influence by clear, convincing, and satisfactory evidence that she acted in good faith throughout the transaction and her father made the transfer knowingly and intelligently. The case is remanded to the probate court for consideration of damages.

I would not like to give our district court judges or lawyers the suggestion that a motion to bifurcate was necessary or useful in these circumstances. Opinion by Doyle, J. Panther Deng appeals following the entry of a judgment by the district court in favor of the defendants following a trial to the bench. On our de novo review, we agree with entering judgment in favor of the Defendants.

Accordingly, we affirm the ruling of the district court. Bruns, Judge. Rickers, Judge. Opinion by Danilson, S. We find there is sufficient evidence to show E. Reidel, Judge. Casey Dixon appeals the denial of his postconviction-relief application. Holly Sexton, now known as Holly Teepe, appeals from the decree that decided physical care of D. Hoffmeyer, Judge. Opinion by Mahan, S. Anthony Collins Jr. Considered by Mullins, P. Joseph Frederick appeals multiple criminal convictions following a jury trial.

He argues the district court abused its discretion in allowing the presentation of prior-bad-acts evidence. Opinion by Potterfield, P. Greenwood, Judge. Finn and Steven J. Oeth, Judges. A former wife appeals the dissolution decree refusing to divide a substantial inheritance of the former husband and challenges the spousal support award. We affirm all aspects of the decree except for a minor calculation error pointed out by the former husband.

We modify the decree only to correct this aspect of the equalization payment. Eveloff and Kathleen A. Kilnoski, Judges. Robert Bruce appeals from a district court ruling excluding evidence that a passenger was not wearing a seatbelt when he drove his truck into a ditch while intoxicated, resulting in her serious injury.

Accordingly, we affirm the ruling and conviction. Romano, Judge. The State of Iowa appeals the order entering judgment for Dorothy Hollinger on her claim of employment discrimination based on disability. Because that decision is the law of the case, the district court relied on it in finding Hollinger is substantially limited in those major life activities and thus is a person with a disability under the statute.

Hutchison, Judge. Slashfrog, LLC appeals and Ethan and Jordan Quick cross-appeal from the rulings of the district court related to the contract terms and resulting breaches. On appeal, Slashfrog argues the court erred in finding it breached the contract and in excluding most of its damages evidence as speculative.

On cross-appeal, Quicks contend the court erred in finding the contract was not unconscionable and in finding they also breached the contract. However, we find Quicks substantially performed their obligations under the contract and award them the earnest money.

We thus affirm the rulings of the district court with some modification. Beattie, Judge. Wright, Judge. We therefore reverse and remand for entry of a modified decree. Chappell, Judge. Bart disputes the physical care of his son and daughter granted to Andrea. Bart also contests the income the district court imputed to calculate his monthly child support. Cleve, Judge. James Shepard appeals following the denial of his second application for postconviction relief. He also argues his second postconviction counsel was ineffective in not raising an equal protection challenge.

Because the ineffective assistance of second postconviction counsel was not raised below, we do not address it here. Hefner, Judge. Cassie Semarad, now Cassie Jordan, appeals from the order modifying the decree dissolving her marriage to Austin Semerad.

She also challenges the visitation graduated timeline and the amount of child support ordered. Bauercamper, Judge. Marvin Mitchell appeals the denial of his motion to vacate the order granting summary judgment for the defendants.

Turner, Judge. Heidi Kirsch challenges provisions of a dissolution decree awarding spousal support to William and the set-aside as an inheritance of an investment account. Straka, Associate Juvenile Judge. Dissent by Greer, J. The mother of twelve-year-old S. To extend that history is not in the best interests of this child.

Belcher, District Associate Judge. A mother appeals a permanency review order entered in the child-in-need-of-assistance proceeding. We cannot find the need for removal will disappear if we delay permanency for six more months, and we therefore decline to continue placement.

We affirm the permanency review order transferring sole custody of S. For those reasons, we agree with the juvenile court that no additional time was warranted. The mother and father of P. Fagan, District Associate Judge. Tabor, District Associate Judge. A mother appeals the juvenile court order terminating her parental rights.

We affirm the juvenile court. A father appeals the child-in-need-of-assistance adjudication concerning his children.

A mother appeals the modification of the permanency goal in child-in-need-of-assistance proceedings. We affirm the decision of the juvenile court. Larson, District Associate Judge. Macey, mother of one-year-old A. Macey argues it is not in A. The best interests, including consideration of the parent-child bond, requires termination. The State made reasonable efforts toward reuniting the pair.

Owen, District Associate Judge. Witt, District Associate Judge. A father appeals the juvenile court order terminating his parental rights. The mother appeals the termination of her parental rights to J. Burns, District Associate Judge. A mother appeals the termination of her parental rights to her child, born in We affirm the termination order.

A mother and a father separately appeal the termination of their parental rights. A mother and father separately appeal the termination of their parental rights to a child. The father contends the department failed to make reasonable efforts to reunify him with his child and the district court should have afforded him additional time to work toward reunification.

A father appeals the juvenile court order adjudicating his daughter a child in need of assistance. Linn, Judge. MEP Co. Elisa Walker appeals after entering written pleas to fourth-degree theft and fourth-degree fraudulent practices, claiming she failed to understand fully the plea and its consequences.

So we affirm. Tott and Jeffrey A. Neary, Judges. The defendant appeals her conviction and sentence for theft by check in the second degree contending the State failed to prove 1 that she knew the checks would not be paid and 2 that she received property, services, or money from the transactions.

She also alleges the court improperly instructed the jury on aggregation. Thornhill, Judge. Tait Purk appeals his conviction and sentence for second-degree murder following a bench trial. He raises numerous claims, including many ineffective-assistance claims. And we preserve all but one of his ineffective-assistance claims for future postconviction proceedings. Kenneth Shaw appeals his conviction and sentence for first-degree robbery in violation of Iowa Code sections On appeal, Shaw argues: 1 the State did not provide sufficient evidence to show Shaw committed the robbery; and 2 the jury pool was not a fair cross-section of the community in violation of his rights under the Sixth Amendment to the United States Constitution and Article I, section 10 of the Iowa State Constitution.

The district court correctly determined Shaw failed to meet his burden to establish a prima facie case of fair cross-section violation. But because the parties did not have the benefit of recent refinements to Iowa law, we remand the matter to the district court to give Shaw an opportunity to develop his arguments that his constitutional right to an impartial jury was violated; if the court finds a violation occurred, it shall grant Shaw a new trial.

Although it refused to find Melinda in contempt, the court did find Keith in contempt for his own failure to comply with the decree. Keith filed an appeal to the joint order. We treat the appeal as though Keith requested the proper form of review. Defendant Berlou Barnard appeals his conviction of four separate counts of sexual abuse in the second degree and one count of obstruction of justice based on error in two evidentiary rulings.

Fangman and Bradley J. Harris, Judges. Michael Dawson appeals his convictions for various drug crimes, eluding, and driving while barred. Alonzo Stokes appeals the district court order denying his application for postconviction relief from his first-degree-robbery conviction.

Relph, Judge. The Gopleruds argue the district court erred in: 1 concluding they violated restrictive covenants because the Association a lacked authority to enforce the covenants and b unreasonably enforced the covenants, 2 ordering injunctive relief, and 3 awarding attorney fees to the Association. The contractual nature of the covenants also justify the imposition of injunctive relief mandating removal of offending structures and barring prohibited use. Finally, we find there was no abuse of discretion in awarding attorney fees and costs to the Association.

Clogg, Judge. On remand, the court should also determine the appropriate amount of appellate attorney fees. Jehu Purnell challenges his conviction of one count of willful injury causing serious injury, arguing there is insufficient evidence to prove identity and specific intent. A father appeals from the private termination of his parental rights, contending the evidence of abandonment is insufficient.

He also maintains his retained counsel provided ineffective assistance. The father has failed to prove counsel was ineffective. Daniel Buenneke challenges the factual basis for his pleas to second-degree robbery and first-degree theft, which he entered as part of a plea agreement involving multiple charges. We remand to allow the State an opportunity to establish a factual basis for the guilty plea. Currie and Kurt L. Wilke, Judges.

Nicholas Andrews claims the State breached its plea agreement with him and his attorney was ineffective in not objecting. So we affirm his conviction and preserve the ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings.

Shubatt, Judge. The plaintiffs appeal the order granting summary judgment on their negligence claims in favor of the defendant, a group home for persons with intellectual disabilities. They contend the defendant owed a legal duty to protect third parties from harm posed by a resident who tried to sexually assault a minor.

OPINION HOLDS: Because the relationship between the parties and public policy considerations weigh against finding the defendant had a legal duty to protect third parties from harm posed by one of its residents, we affirm the order granting summary judgment. Rudy Colocho was convicted for third-offense operating a vehicle while intoxicated. The officer took Colocho to the police station, but after he used the restroom, he still refused sobriety testing.

Instead, Colocho started speaking Spanish and requested an attorney. The officer rejected the request. After an interpreter was brought in Colocho still refused sobriety testing. The officer then arrested Colocho and advised him his Iowa Code section The officer estimated Colocho had just a little under an hour to make a phone call before the officer invoked implied consent.

Colocho refused to take the DataMaster test. Colocho now appeals. Also, because Colocho refused the DataMaster test nearly an hour after receiving the advisory, the test refusal was admissible evidence in his stipulated bench trial.

Colocho is not entitled to new trial. Odell Everett Jr. State , N. Fangman, Judge. Jaevon Holmes appeals his conviction for escape under Iowa Code section He contends the evidence at his bench trial supported only the lesser offense of absence from custody under Iowa Code section Eddie DeLong appeals his restitution order, claiming there is not an adequate causal connection between the ordered restitution and his crimes.

Showers, Judge. Appellants Ottumwa Civil Service Commission, City of Ottumwa, and Ottumwa Police Department appeal from the district court ruling that reversed the suspension and termination of Sergeant Mark Milligan and awarded him back pay. Given this determination, the damage question is moot. Neary, Judge. OPINION HOLDS: We find Fenceroy did not show Gelita had the requisite knowledge to support the harassment claims, did not establish an adverse employment action for his discrimination claim, and the evidence did not support a finding of severe emotional distress.

Cronk, Judge. Schreiber was convicted of murder in the first degree in violation of Iowa Code sections Stephen Marks was convicted of second-degree robbery and sentenced under Iowa Code section In , the statute was amended to allow a range of fifty to seventy percent mandatory minimum for second-degree robbery sentences.

Marks filed a postconviction-relief application arguing the amended statute should apply retroactively. Petersen, Judge. Concurrence in part and dissent in part by May, J. Steven Mann appeals several provisions of the decree dissolving his marriage to Andrea Mann. So I would not modify the decree. As to all other issues. I concur with the majority.

Werling, Judge. We affirm the district court. Stephen Broderson appeals the dismissal of his postconviction-relief application. Therefore, we affirm. Carole Browman, formerly known as Carole Melrose, appeals from the spousal support provisions of the decree dissolving her marriage to Mark Melrose.

Defendant Brett Hensley appeals the denial of his request for earned time credit pursuant to Iowa Code section A. Christina Spofford on his claims of defamation.

Raw generally argues the court erred in concluding he was on inquiry notice of his claims in , thus barring his petition as outside the two-year statute of limitations contained in Iowa Code section Michael Debettignies appeals his conviction for third-degree sexual abuse. He contends the district court abused its discretion when it sustained a motion in limine.

OPINION HOLDS: Debettignies failed to preserve error because 1 he did not offer the evidence during trial and 2 the motion in limine ruling was not unequivocal so as to leave no question as to whether the evidence would be admitted.

Former spouses appeal and cross-appeal a decree of dissolution of marriage. Steensland, Judge. Vogt sought declaratory judgment to enjoin amendment to zoning regulations to allow gaming facilities in C-2 General Commercial Districts.

Lloyd, S. Murphy, Judge Agee argues he can pursue his claims through a petition for habeas corpus and also that he was entitled to an automatic discharge of his lifetime special sentence after ten years with credit for time served in prison. Iowa Code section B. Unless the Iowa Board of Parole decides to discharge his special sentence, Agee is required to comply with its terms for the rest of his life or face revocation of release.

We affirm both district court rulings. Murphy and Randy V. Hefner, Judges. But the court failed to apply the statutory requirements for restitution.

We affirm the convictions but reverse the sentence in part and remand for entry of a final restitution order. Schumacher, J. George McClennon appeals the summary disposition of his application for postconviction relief claiming he received ineffective assistance of counsel and an illegal sentence.

We affirm the summary disposition of his application for postconviction relief. Ismaila Sarr appeals a domestic abuse protective order. Thomas Stogdill challenges the sufficiency of the evidence supporting his conviction for assault while using or displaying a dangerous weapon. Because none of the circumstances listed in Iowa Code section Courtney, Judge. The district court reversed, and the EAB appeals. Considered by Greer, P.

A mother appeals the juvenile court decision terminating her parental rights. A mother and father separately appeal the juvenile court decision terminating their parental rights. A mother and father separately appeal the termination of their parental rights to one child. The parenting deficiencies would still be present in six months, so additional time is not warranted.

A mother and father appeal the termination of their parental rights. There was a material change in circumstances to support modification of the permanency order from placing the children in a guardianship to termination of parental rights with the possibility of adoption by their guardian.

A father appeals the termination of his parental rights to his child, challenging the sufficiency of the evidence supporting the statutory grounds for termination and contending the juvenile court should have applied the statutory exceptions under Iowa Code section The mother and father separately appeal the termination of their parental rights to their child, R.

Timko, Associate Juvenile Judge. Mother of two of the children and father of one appeal the termination of their parental rights and contend that the juvenile court should have granted their requests for a six-month extension under Iowa Code section A father appeals a dispositional-review order in a child-in-need-of-assistance proceeding.

A mother appeals the termination of her parental rights to two minor children. Both parents appeal the juvenile court order terminating their parental rights. The child has extensive medical needs which the parents are not able to meet.

Vakulskas, District Associate Judge. A mother and father separately appeal the termination of their parental rights. Neither parent is entitled to additional time to work toward reunification. Parents separately appeal a juvenile court order terminating their parental rights. Seymour, District Associate Judge.

A mother appeals the order terminating her parental rights to her daughter after she found her four-year-old dead due to an overdose of Benadryl. She contests the statutory grounds under Iowa Code section She also claims the State did not make reasonable efforts to reunite her with L. Also, the mother has unresolved trauma and mental-health challenges that prevent reunification with L.

Finally, the record does not show their relationship remained so close that L. Euric Fountain appeals the summary disposition of his seventh application for postconviction relief. We find the court erred in its analysis concerning other purported newly discovered evidence, and we remand to the district court on that ground.

Arron Thompson appeals his convictions for burglary in the third degree and burglary in the first degree. He contends the State failed to offer sufficient evidence to support his convictions and the district court erred in not granting his motion for judgment of acquittal. Thompson also contends the district court abused its discretion in denying his motion for new trial. They contend the district court abused its discretion in denying their motion to continue without holding an evidentiary hearing as required under Iowa Code section Both sides had a chance to comment, but the borrowers bypassed the opportunity.

The court did hold a hearing on the motion. That, along with the extent of their other indebtedness, led the district court to conclude the borrowers had not acted in good faith. On our review, we see no abuse of discretion in that conclusion or the decision to deny the motion to continue.

We dismiss the appeal as to the moot note and affirm as to the other note. Foy, Judge. We reverse the summary judgment ruling to the extent the court declined to apply the discovery rule to toll the statute of limitations. We remand for further proceedings. Staskal, Judge. Carson Sinclair Jr. Jeremy Rose appeals his conviction of child endangerment resulting in serious injury, challenging a jury instruction alternative.

Danielle Lasley-Eakins appeals from her convictions for possession of methamphetamine and marijuana. She argues article I, section 8 of the Iowa Constitution required certain evidence be suppressed. Gookin, Judge. He was thus presently confined for a sexually violent offense. Finding no error of law, we affirm. James Dake appeals the district court order adjudicating him a sexually violent predator and civilly committing him to the custody of the Iowa Department of Human Services.

Dake argues the State failed to prove he has a mental abnormality that makes it more likely than not he will reoffend. Thomas and Vermona Jenn appeal and cross-appeal, respectively, from the decree dissolving their marriage. However, the district court erred in awarding Vermona spousal support. We strike the spousal support award from the decree.

Michael Sykes appeals his conviction of assault causing bodily injury, contending the district court erred in its rulings on his confrontation and hearsay challenges to the admissibility of evidence. Sykes also challenges the sufficiency of the evidence supporting his conviction. Gamble, Judge. Gamble, S. Good and Beal maintain the district court erred in its interpretation of the statutes; they ask us to reverse the denial of their request and remand to the district court for the determination of the amount of reasonable attorney fees.

Therefore, Good and Beal are not entitled to recover their attorney fees and costs. Derek Morrison appeals his convictions and sentences after he pled guilty to various offenses. We also vacate the restitution portions of all the sentencing orders and remand. Amber Leahy appeals her guilty plea to possession of methamphetamine in violation of Iowa Code section Leahy alleges her legal representation fell below constitutional norms.

Leahy contends Iowa Code section Leahy claims she did not enter the guilty plea intelligently and voluntarily, and is entitled to have the plea set aside and to plead anew. Special concurrence by Doyle, J. Dissent by Vaitheswaran, J. Antonyo Machado appeals his plea of guilty to possession of a controlled substance, first offense, asserting the district court abused its discretion in imposing sentence rather than deferring judgment. The district court explained why it was not inclined to defer judgment, and the reasons given were not untenable or unreasonable.

The district court did not abuse its sentencing discretion. Timothy McGhee Jr. McGhee maintains the sentencing court considered unproven offenses when imposing sentence; he asks that we remand for resentencing. Devontez Voigts appeals his convictions of second-degree sexual abuse and willful injury causing bodily injury. He argues the district court erred in overruling his challenge to the racial composition of the jury pool, which violated his constitutional right to a jury drawn from a fair cross-section of the community.

However, because the parties did not have the benefit of recent refinements to Iowa law, we remand the matter to the district court to give Voigts an opportunity to develop his argument that his constitutional right to an impartial jury was violated; if the court finds a violation occurred, it shall grant Voigts a new trial.

Dean, District Associate Judge. OPINION HOLDS: By locking his seven-year-old child in a bare basement room for ten to twelve hours a night and leaving the child without access to a bathroom, communication, or egress, the jury could find Fiems knowingly created a substantial risk of emotional, mental, and physical harm.

The defendants appeal the district court order granting the plaintiffs a boundary by acquiescence. Nichol, District Associate Judge. A father appeals the termination of his parental rights. A father appeals the termination of his parental rights to his child, challenging the sufficiency of the evidence supporting the statutory grounds for termination and contending the juvenile court should have applied the statutory exception under Iowa Code section A mother appeals the termination of her parental rights to three children, contending the State failed to prove the children could not be returned to her custody at the time of the termination hearing.

The mother appeals the termination of her parental rights. Additional time for the mother to work toward unification is not warranted. And the mother no longer has standing to appeal the denial of the motion on placement. A mother appeals a juvenile court order terminating her parental rights. Jacob Hansen appeals the sentences imposed on his convictions after pleading guilty to third-degree burglary and third-degree attempted burglary.

Risk assessment scores and sentencing recommendations are not inherently improper considerations in sentencing. Hansen may raise his claim that counsel was ineffective in failing to object to these considerations before sentencing in a postconviction-relief proceeding. Knicolas Lewis appeals from his sentence for robbery in the second degree. The defendant appeals his sentence for child endangerment causing bodily injury following his plea of guilty.

The defendant failed to preserve error on his due process and abuse-of-discretion claims, and the record is insufficient to reach these due process and abuse-of-discretion claims on direct appeal within the ineffective-assistance of counsel framework. Heard by May, P. Opinion by May, P. This is a dispute over a trust.

James and William claim they are the only beneficiaries. The district court sided with James and William. James and William cross-appeal an order requiring the trust to pay L. The appointment would have certainly created costs for the trust; but there was no reasonable hope the appointment would create any concrete benefit for L.

On remand, the district court shall tax them as costs to L. Jader Enterprises, L. We reverse and remand for a new trial on both. Wright and Mary Ann Brown, Judges. Opinion by Bower, J. Dalrymple, Judge. Tera Harris appeals her sentence. She claims the district court improperly considered a sentence recommendation within the presentence investigation report PSI.

And she argues the district court failed to make an ability-to-pay determination before ordering her to pay court costs. And we vacate the restitution portion of the sentencing order and remand. Lauber and Robert B.

Hanson, Judges. Rayshon Rushing appeals his conviction for being a felon in possession of a firearm. Rushing claims the district court did not have the authority to place him at a residential facility and revoke his probation for rule violations. He also claims the court erred in ordering him to pay the law-enforcement-initiative surcharge.

Poulson, Judge. Heard by Potterfield, P. James Rixner and the Sioux City Human Rights Commission argue the district court abused its discretion in striking a paragraph of their petition alleging housing discrimination and erred in finding the plaintiffs are not aggrieved parties. The defendants argue the petition is time barred, the plaintiffs have failed to argue they are the real party in interest, and the plaintiffs do not have standing to pursue this action.

OPINION HOLDS: We decline to address the statute of limitations and motion to strike issues and conclude that the plaintiffs have established they are aggrieved parties under the statute and have standing to pursue their claims.

We reverse and remand to the district court for further proceedings. Hanson, Judge. McLellan, Judge. James Bailey Jr. OPINION HOLDS: The sentencing recommendation in the presentence investigation report is not inherently improper for the court to consider, and Bailey failed to preserve error on any claim it was improper based on the facts of his case.

Because the record is insufficient to allow us to resolve his ineffective-assistance-of-counsel claims on direct appeal, we preserve them for postconviction-relief proceedings. Van Marel, District Associate Judge.

Special Concurrence by Doyle, J. Muligande pled guilty to two charges of public intoxication, second offense. Each violation was a serious misdemeanor under Iowa Code sections In addition to traditional therapy, I can provide animal-assisted therapy and enjoy working with animals as part of the therapy process.

My dog Lana, a golden retriever, is presently in training to become a therapy dog. There is a body of research supporting animals in therapy to enhance physical, emotional, and social well being, and I strive to do just that. Whether it's a big or small traumatic event, we've all experienced them. I conduct client-centered therapy to alleviate and extinguish abreactions to the traumatic events we experience, in order to live our lives the way they are intended, which is HAPPY!

Red Oak, IA Waitlist for new clients. Amanda M. I use a client centered and strength based approach in therapy. Specializations include various concerns such as anxiety, phobias, and mood disruptions. I have a great passion for working with children, adolescents, young adults, and families.

I use a strengths-based approach to therapy, and often use models that include cognitive-behavioral and family-centered elements, as well as the ACT theory. Because people and situations are all unique, I also believe in the importance of collaborating with individuals and families to find a therapeutic approach that best fits with specific needs.

Coralville, IA Today you are one step closer to achieving your goals and beginning a positive path toward growth and well-being. While we can't change difficult situations of the past, we can work to better understand and resolve challenges in life. Applying complementary therapy approaches and techniques, we will begin to change long-standing behavior patterns or negative perceptions holding you back from a more fulfilling and meaningful life.

If you're looking for extra support and guidance through a challenging situation or ready to move in a new direction in life, I look forward to assisting you to achieve. Des Moines, IA I am grateful to have the opportunity to explore challenges people are experiencing and help them feel empowered to overcome these. I have experience and enjoy working with people who may experience the world through a unique lense and those who may have a history of adverse life experiences.

The typical client I work with is an adolescent or adult and may struggle with internalizing emotions and get easily overstimulated, have lower self-esteem, or challenges with social interaction.

They may feel misunderstood by important people in their lives. I believe that therapy is a partnership and I seek to gain a trusting and caring relationship with all my clients. I have experience working in community mental health with at-risk populations and in a residential setting. An effective therapeutic experience is a partnership between client and therapist. I enjoy being witness to an individuals recovery from various struggles brought on by the human condition. My belief in strength and resiliency has served as an important cornerstone in my approach to therapy.

Dubuque, IA Katie is passionate about mental health and wellness for all. She uses a strengths-based, trauma-informed approach to create a space where individuals and families are able to experience a sense of safety and connection.

Building on these experiences, Katie aims to help individuals understand their own strengths, needs and agency for change. With families, Katie incorporates brain development and attachment theory to build a working alliance with families to identify the specific needs of their child. Katie aims to help families experience connection, attunement and enjoyment as tools to improve and strengthen relationships.

Connection is the basis of healing. My style in therapy focuses on creating a non-judgmental and genuine environment by implementing support and encouragement throughout the therapeutic process. Through this, trust begins to be built and the work can begin. I want to help you in developing a compassionate view and more secure sense of self. I am experienced with working with individuals who are experiencing mental health challenges and trauma. I work with individuals from adolescence to adulthood.

View Email. Grace C Mae Advocate Center is based on our founder's experiences of having a child born with complex medical needs and hidden disabilities. Grace took Dr. Gilbaugh on a journey of self-discovery--which led her to be inspired to help others in their times of need. Our therapists work with people of all ages, and many types of problems. It is our mission to help people find solutions to their unique and diverse problems.

We work hard to restore hope, and to find solutions. We approach our work with compassion and no judgement. Are you struggling with depression and anxiety? Do you find yourself overwhelmed with emotions, like the weight of the world is on top of your shoulders? You don't have to carry these burdens alone. At A Graceful Space, I thrive on giving grace and holding space in a peaceful, nonjudgmental environment.

By utilizing evidence-based, trauma-informed care, my goal is to walk alongside you while you process through past and present stressors, in order to reach your life worth living goals. Iowa City, IA

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