Iowa Court of Appeals Decisions for May 9, 2012

Posted on May 14, 2012

SUMMARIES OF DECISIONS, IOWA COURT OF APPEALS

May 9, 2012

Pursuant to Iowa Supreme Court Rule 6.14(5), an unpublished opinion of the Iowa Court of Appeals may be cited in a brief; however, unpublished opinions shall not constitute controlling legal authority.
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No. 11-0599. [2-131] FRANKLIN v. DEPARTMENT OF TRANSPORTATION
Appeal from the Iowa District Court for Marion County, Darrell Goodhue, Judge. AFFIRMED. Heard by Vogel, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (7 pages)
Justin Ricardo Franklin was a passenger in a vehicle when he grabbed and turned the steering wheel, causing the vehicle to cross the center line. A traffic stop was initiated, which revealed Franklin was intoxicated at the time. As a result, the Iowa Department of Transportation revoked Franklin's license pursuant to Iowa Code section 321J.12(1) (2009). Franklin appeals from the district court judgment upholding the license revocation, contending the department's ruling should be reversed because he was not operating a vehicle within the meaning of Iowa Code section 321.1(48). OPINION HOLDS: We agree with the district court that the question of whether Franklin was operating the vehicle within the meaning of section 321.1(48) was a fact question, which was in the discretion of the agency to decide. Substantial evidence supports the finding Franklin operated the vehicle. Because our conclusions are the same as the district court, we affirm its ruling denying Franklin's request to overturn the IDOT's decision on judicial review.
No. 11-1239. [2-146] ELLIS v. CITY OF LE MARS
Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Mullins, J., and Miller, S.J. Opinion by Miller, S.J. (13 pages)
On April 3, 2009, the City of LeMars entered into a written lease and agreement (lease) with Mark and Tobi Ellis for the operation of the LeMars golf clubhouse bar facility, for a period from April 3, 2009 to December 31, 2009. The lease included an automatic renewal provision, which was "subject to mutual agreement of achieving the pre-established performance targets," set forth in the lease. The City later informed the Ellises it would not consent to automatic renewal of the lease, due to numerous breaches by the Ellises. The City advised the Ellises it would open negotiations starting November 2, 2009, for the 2010 lease, and the Ellises could submit a bid. The Ellises did not submit a bid, and instead initiated this lawsuit, alleging breach of contract by the City. The district court granted the City's motion for summary judgment, finding the automatic renewal provision was merely an agreement to agree, and thus, was unenforceable. The court denied the Ellises' motion pursuant to Iowa Rule of Civil Procedure 1.904(2). The Ellises appeal. OPINION HOLDS: I. We find no error in the district court's conclusion that the automatic renewal prevision in the parties' lease is an agreement to agree, and therefore unenforceable. The lease does not contain any provision for the amount of future rent payments. Also, under the terms of the lease future negotiations would need to take place before the lease could be renewed. II. Despite the City's expressed willingness to consider a bid from the Ellises, the Ellises failed or refused to enter into negotiations for a renewal of the lease. We find no basis for the district court to have found the existence of a genuine issue of material fact on the Ellises' claims of lack of good faith and fair dealing, and thus find no error in the court's grant of summary judgment. III. The Ellises failed to preserve error on their claims the City breached provisions of the lease agreement other than the automatic renewal provision.
No. 11-0168. [2-223] MONSON v. ECKENROD
Appeal from the Iowa District Court for Kossuth County, Nancy L. Whittenburg, Judge. AFFIRMED. Considered by Eisenhauer, C.J., and Danilson and Bower, JJ. Opinion by Bower, J. (7 pages)
Abigail Monson appeals from the district court order modifying physical care of the parties' daughter to Kelly Eckenrod. She contends the court erred in finding a substantial change in circumstance warranting modification. She also argues the denial of her motion to recuse the judge was an abuse of discretion and claims the court abused its discretion in several other respects regarding the trial. OPINION HOLDS: Because a reasonable person with knowledge of all the facts would not question the trial judge's impartiality, we find the court did not abuse its discretion in denying Abigail's motion to recuse. On our de novo review, we conclude the record shows a substantial change in circumstance warranting modification of the child's physical care. We affirm the modification order's grant of physical care to Kelly.
No. 11-1549. [2-240] IN RE MARRIAGE OF BELL
Appeal from the Iowa District Court for Boone County, Michael J. Moon, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ. Opinion by Tabor, J. (11 pages)
Archie Leroy Bell III appeals from the economic and child custody provisions of the decree dissolving his marriage to Jennifer Renee Bell. He disputes the district court's grant of their twins' physical care to Jennifer and seeks modification of the decree to provide for joint physical care. In the alternative, he asks this court to grant him physical care. Archie also contends the court erred in dividing the couple's property. OPINION HOLDS: We find credible evidence in the record that Archie has been unable to cooperate with Jennifer; that lack of cooperation justifies the district court's rejection of a joint physical care arrangement. We agree with the district court that the children's best interests are served by granting physical care to Jennifer, who has been the primary caregiver throughout their lives. Because the district court's division of property is equitable, we affirm on that issue as well.
No. 11-1233. [2-266] STATE v. GONZALES-VERA
Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge. AFFIRMED. Considered by Eisenhauer, C.J., and Danilson and Bower, JJ. Opinion by Bower, J. ( 5 pages)
David Gonzales-Vera appeals from his conviction for first-offense operating while intoxicated. He contends the district court erred in denying his motion to suppress all statements and evidence obtained after the stop of his vehicle because the arresting officer did not have reasonable suspicion to conduct an investigative stop. OPINION HOLDS: Because there was reasonable suspicion Gonzales-Vera had committed a crime, we affirm.
No. 12-0323. [2-283] IN RE I.G.
Appeal from the Iowa District Court for Hardin County, Paul B. Ahlers, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vogel, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. (12 pages)
These termination-of-parental-rights appeals involve five children, including six-year-old twins—Q.A. and J.A.—and their three younger half-siblings—J.G., I.G., and B.G. Krysti, the mother of all five children, claims that the Iowa Department of Human Services did not make reasonable efforts to reunify the family. She also argues the juvenile court did not consider the long-range interests of her two older children. Eugene, the father of the three younger children, also raises a reasonable-efforts challenge, as well as claiming insufficient proof of statutory grounds, that he should be allowed six more months to work toward reunification, and that termination was not in the children's best interests. OPINION HOLDS: Because the record shows that DHS met the reasonable-efforts requirement of Iowa Code section 232.102(7) (2011); the State offered clear and convincing evidence in support of termination under section 232.116(1)(h); additional time would not assist the father; and termination was in the children's short-term and long-term best interests, we affirm the juvenile court.
No. 11-1207. [2-298] STATE v. JAMES
Appeal from the Iowa District Court for Webster County, Kurt L. Wilke (plea) and Joel E. Swanson (sentencing), Judges. AFFIRMED. Considered by Eisenhauer, C.J., and Potterfield and Mullins, JJ. Opinion by Mullins, J. (5 pages)
Nicholas James appeals the sentence imposed following his guilty plea to three offenses arguing the district court erred by not stating on the record its reason for imposing the particular sentence in this case. OPINION HOLDS: The sentence was not the product of court discretion at the sentencing stage of the proceedings, but was an effectuation of the terms of the plea agreement previously approved and accepted by the court. The court's failure to state reasons was at that point harmless error. We affirm.
No. 11-0097. [2-323] OWENS v. STATE
Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge. AFFIRMED. Considered by Eisenhauer, C.J., and Potterfield and Mullins, JJ. Opinion by Mullins, J. Tabor, J., takes no part. (2 pages)
Frank Owens appeals the denial of his application for postconviction relief. OPINION HOLDS: Even if we were to find Owens's postconviction counsel failed to perform an essential duty in failing to investigate, prepare, and rehabilitate his "key witness," Owens cannot show prejudice. Owens has not challenged the district court's findings that the witness's testimony was not newly discovered evidence nor that his postconviction relief claim was barred by the statute of limitations. We affirm.
No. 11-1630. [2-150] COOKSEY v. CARGILL MEAT SOLUTIONS
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED. Heard by Vogel, P.J., and Tabor and Bower, JJ. Opinion by Vogel, P.J. Dissent by Tabor, J. (17 pages)
Jeremie Cooksey appeals the district court's dismissal of his petition for judicial review based on his failure to name the Employment Appeal Board as a respondent in his appeal from the Board's denial of his claim for unemployment benefits. Cooksey contends the district court should not have dismissed his petition as he substantially complied with Iowa Code section 17A.19(4) (2011) by identifying the Board in the petition and then mailing the Board a copy of his petition. Cooksey also asserts section 17A.19(4) is unconstitutional on its face and as applied, as it places different procedural requirements on claimants appealing the denial of unemployment benefits than those appealing the denial of workers' compensation benefits. OPINION HOLDS: We find because Cooksey did not comply—substantially or otherwise—with the requirements of section 17A.19(4), the district court properly dismissed his petition for judicial review. In addition, we find Cooksey has failed to sustain his heavy burden to prove section 17A.19(4) is unconstitutional. DISSENT ASSERTS: I respectfully dissent, and believe that Buchholtz v. Iowa Department of Public Instruction, 315 N.W.2d 789, 792-93 (Iowa 1982) dictates the result in this case. While the majority characterizes the issue in Buchholtz as "misnaming" agencies, in contrast with Cooksey's failure to name any agency in the caption, I do not find the distinction to be persuasive because by naming an incorrect agency, a petitioner fails to name the correct agency. The critical questions instead are whether the agency had proper notice, was misled, or suffered any prejudice from not being named as a respondent. Because the Board received service of Cooksey's petition, which identified the Board in the first paragraph, it was not prejudiced by the omission. I do not think that we should impose hypertechnical requirements on citizens trying to challenge the decision of a state agency.
No. 11-1065. [2-231] STATE v. TYLER
Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge (suppression hearing) and Scott D. Rosenberg (trial), Judge. AFFIRMED. Considered by Vogel, P.J., and Potterfield and Doyle, JJ. Opinion by Vogel, P.J. (6 pages)
Defendant, Tommy Tyler Jr., appeals from his conviction for operating a motor vehicle while intoxicated, second offense, in violation of Iowa Code section 321J.2 (2009). Tyler contends the district court should have suppressed the evidence obtained following the traffic stop of his vehicle because the police officer did not have probable cause to justify the stop as his license plate covers were not tinted. OPINION HOLDS: We find based on the objective probable cause standard, a reasonable and prudent person observing Tyler's vehicle on the night in question would conclude Tyler's license plate covers did not permit a full view of the license plates, in violation of section 321.37(3). We therefore affirm the district court's denial of Tyler's motion to suppress, and thereby affirm his conviction.
No. 11-0868. [2-259] STATE v. RATLIFF
Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. AFFIRMED. Considered by Vogel, P.J., and Potterfield and Doyle, JJ. Opinion by Vogel, P.J. (13 pages)
Darrell Ratliff appeals his convictions of possession with intent to deliver (Ecstasy), possession with intent to deliver (crack cocaine), and two counts of failure to affix a drug tax stamp. OPINION HOLDS: Because we agree with the district court that the State presented sufficient evidence to deny Ratliff's motion for judgment of acquittal and that the jury's findings are supported by substantial evidence in the record, we affirm. Further, Ratliff failed to prove trial counsel was ineffective.
No. 11-1379. [2-270] ROBERTS v. STATE
Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge. AFFIRMED. Considered by Vogel, P.J., and Potterfield and Doyle, JJ. Opinion by Vogel, P.J. Tabor, J., takes no part. (4 pages)
Aaron Roberts appeals the postconviction court's denial of his application for postconviction relief. OPINION HOLDS: Trial counsel did not breach an essential duty by declining to file a motion to suppress where there were no grounds to file such a motion. Because Roberts did not prove prejudice, trial counsel was not ineffective and Roberts's claim that his guilty plea was not voluntary due to ineffective assistance of counsel must fail. We therefore affirm.
No. 12-0523. [2-352] IN RE J.H.
Appeal from the Iowa District Court for Marshall County, Victor G. Lathrop, Associate Juvenile Judge. AFFIRMED. Considered by Vogel, P.J., and Tabor and Bower, JJ. Opinion by Vogel, P.J. (4 pages)
A mother appeals the termination of her parental rights. OPINION HOLDS: Because grounds for termination exist under Iowa Code section 232.166(1)(f), the closeness of the parent-child relationship does not militate against termination, and termination is in the best interests of the child, we affirm.
No. 12-0407. [2-353] IN RE T.L.B.
Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge. AFFIRMED. Considered by Vogel, P.J., and Tabor and Bower, JJ. Opinion by Vogel, P.J. (4 pages)
A mother appeals from a district court's order denying her motions to increase visitation and to modify a dispositional order. OPINION HOLDS: Because the mother did not prove a material and substantial change of circumstances to warrant the relief she requests, and because the visitation and custody provisions ordered by the district court were in the best interests of the child, we affirm.
No. 11-1307. [2-181] IN RE J.M.S.
Appeal from the Iowa District Court for Iowa County, Russell G. Keast, District Associate Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Vaitheswaran, P.J. (10 pages)
A minor appeals an order adjudicating him delinquent for committing three counts of second-degree sexual abuse, contending (1) the evidence was insufficient to support the district court's finding that he sexually abused the children, (2) the district court abused its discretion in denying his request to depose the children, and (3) the district court abused its discretion in placing him on the sex offender registry. OPINION HOLDS: (1) Sufficient evidence supports the court's finding that the juvenile committed second-degree sexual abuse, (2) the court did not abuse its discretion in denying the juvenile's request to depose the two alleged victims, and (3) the court did abuse its discretion in placing the juvenile on the sex offender registry.
No. 11-1143. [2-232] EICHINGER v. TURKAL
Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ. Opinion by Vaitheswaran, P.J. (3 pages)
Defendants contend that the district court abused its discretion in fashioning a remedy related to a claim of unjust enrichment associated with a cabin owned by the plaintiffs and situated on land owned by the defendants. OPINION HOLDS: Given that the court sitting in equity has considerable discretion in framing a remedy, the court did not abuse that discretion in requiring the landowners to purchase the cabin from the plaintiffs.
No. 12-0164. [2-351] IN RE L.C.
Appeal from the Iowa District Court for Mills County, Gary K. Anderson, District Associate Judge. AFFIRMED AS MODIFIED. Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Vaitheswaran, P.J. (6 pages)
A father appeals juvenile court orders adjudicating one of his children a child in need of assistance and granting the district court concurrent jurisdiction to address the mother's request for custody. OPINION HOLDS: (A) The department made reasonable efforts toward reunification of the child with her father within the constraints of the father's arrest, (B) the juvenile court acted appropriately in granting concurrent jurisdiction to the mother to pursue custody of the child, and (C) clear and convincing evidence supports the child being adjudicated in need of assistance.
No. 10-1532. [1-959] STATE v. GRADY
Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. REVERSED AND REMANDED. Considered by Vogel, P.J., and Potterfield and Mullins, JJ. Opinion by Potterfield, J. Partial Dissent by Vogel, P.J. (24 pages)
Matthew Grady appeals from his conviction for murder in the first degree and specifically from the district court's denial of his motion in limine, finding that he failed to invoke his right to silence during a custodial interrogation. OPINION HOLDS: Grady's statement to police "That's all I can tell you, I ain't got nothing to say, like just take me to Polk County" was sufficient to invoke his Fifth Amendment right against self-incrimination. Testimony presented to the jury describing Grady's statements made after the invocation of his right to remain silent contributed to his conviction and was not harmless error. We reverse and remand for a new trial. PARTIAL DISSENT ASSERTS: While I agree that Grady invoked his right to remain silent, I would find his invocation occurred one hour and twenty-three minutes into the police interview and that any error committed by the State was harmless.
No. 11-0990. [2-293] IN RE MARRIAGE OF HEITMAN
Appeal from the Iowa District Court for Pottawattamie County, Mark J. Eveloff, Judge. AFFIRMED AS MODIFIED. Considered by Eisenhauer, C.J., and Potterfield and Mullins, JJ. Opinion by Potterfield, J. (3 pages)
Troy Heitman appeals the alimony provisions of the parties' dissolution decree. OPINION HOLDS: We conclude the spousal support award of $500 per month in traditional alimony is equitable and should not be disturbed. However, we modify the decree in one respect. Alimony shall continue until Kim Heitman attains the age of eligibility for full social security retirement benefits, remarries, or either party dies. Costs are assessed to Troy.
No. 10-1269. [2-322] O'TOOLE v. STATE
Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge. AFFIRMED. Considered by Eisenhauer, C.J., and Potterfield and Mullins, JJ. Opinion by Potterfield, J. Tabor, J., takes no part. (3 pages)
Richard O'Toole appeals from the denial of his application for postconviction relief contending he was denied the effective assistance of counsel because trial counsel: (1) did not fully impeach the complainants; (2) did not call defense witnesses who would have testified the complainants' motive to allege abuse was so they could live with their biological father; (3) did not object to prosecutorial misconduct during unreported closing arguments; and (4) did not specify age as grounds for judgment of acquittal with respect to complainant B.G. In a pro se brief, O'Toole also asserts that cumulative errors denied him effective assistance of counsel and due process. OPINION HOLDS: We have thoroughly reviewed each of the applicant's contentions de novo. The district court identified and considered all the issues. We approve of the district court's reasoning and conclusions and affirm without further discussion as it would add little to augment or clarify existing case law. See Iowa Ct. R. 21.29(1)(d), (e).
No. 12-0528. [2-356] IN RE N.L.P.
Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge. AFFIRMED. Considered by Eisenhauer, C.J., and Potterfield and Mullins, JJ. Opinion by Potterfield, J. (4 pages)
The father appeals the termination of his parental rights. OPINION HOLDS: There is clear and convincing evidence to support termination of the father's parental rights pursuant to Iowa Code section 232.116(1)(h) (2011). We have no substantial doubts as to the correctness of the finding that the child cannot be returned to the father safely. We also conclude termination is in the child's best interests. The record does not support the existence of a bond sufficient to preclude termination. We reject the father's claim of ineffective assistance of counsel.
No. 11-0859. [2-198] STATE v. SCARCELLO
Appeal from the Iowa District Court for Cerro Gordo County, Carlynn D. Grupp, District Associate Judge. AFFIRMED. Considered by Eisenhauer, C.J., and Danilson and Bower, JJ. Opinion by Eisenhauer, C.J. (10 pages)
Joseph Scarcello appeals from his conviction of assault resulting in injury. He contends the court abused its discretion in admitting testimony he was viewing "inappropriate" websites on the complaining witness's computer. He also contends he received ineffective assistance of counsel. OPINION HOLDS: Testimony. The district court carefully balanced the probative value and the danger of unfair prejudice when ruling the State could delve into how Scarcello was using Neilsen's computer as probative of the cause of the ensuing disagreement and altercation but limiting the State's inquiry so as to avoid terms that might tend to inflame the jury. Ineffective assistance. We conclude Scarcello's attorney had no duty to request a jury instruction not supported by the evidence. We further conclude Scarcello failed to demonstrate prejudice from the testimony that briefly mentioned a warrant. We preserve his other ineffective assistance claims for possible postconviction relief proceedings.
No. 11-0963. [2-202] STATE v. ROBINSON
Appeal from the Iowa District Court for Scott County, Mark J. Smith and Paul Macek, Judges. REVERSED AND REMANDED. Considered by Vogel, P.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. (11 pages)
Javontez Robinson appeals the district court's denial of his motion to dismiss, contending the State violated his right to a speedy indictment pursuant to Iowa Rule of Criminal Procedure 2.33(2)(a). OPINION HOLDS: Viewing all the facts and circumstances surrounding Robinson's encounter with the Davenport police and employing all of the relevant factors, we find a reasonable person in Robinson's position would believe they were under arrest, at the traffic stop scene or in the interview room, at least prior to his discussion of cooperation in the interview room. Once Robinson was "arrested," the officers did not have the ability to "unarrest" him based on his later cooperation discussion. Because we conclude Robinson was arrested during his encounter with Davenport police officers on October 31 and November 1, 2008, the trial information filed more than two years later was untimely for speedy indictment purposes. Consequently, the district court erred by denying Robinson's motion to dismiss. Accordingly, we reverse the conviction and remand for entry of dismissal.
No. 11-0409. [2-252] IN RE DETENTION OF WILLET
Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge. AFFIRMED. Considered by Vogel, P.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. (5 pages)
Harlan Willet appeals from his civil commitment as a sexually violent predator, contending the State failed to present substantial evidence that his most recent crime was sexually violent. OPINION HOLDS: Upon our review, we find there was sufficient evidence presented to establish Willet's most recent crime was a sexually violent offense, satisfying the "recent overt act" requirement of Iowa Code section 229A.2(4) (2009). The district court therefore did not err in denying Willet's motions for summary judgment and directed verdict. Accordingly, we affirm the judgment of the district court.
No. 11-1335. [2-268] STATE v. ROSE
Appeal from the Iowa District Court for Linn County, Thomas Horan, Judge. AFFIRMED. Considered by Vogel, P.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. (8 pages)
Jason Rose appeals from his guilty plea for the possession of precursors, contending his counsel was ineffective because no factual basis exists for his plea of guilty. OPINION HOLDS: All in all, we think the evidence in the record was sufficient for the district court to reasonably infer Rose knew of the precursor products' presence and exercised control and dominion over them. We therefore find there is a sufficient factual basis in the record for Rose's guilty plea to possession of precursors. Consequently, we conclude he has not shown he received ineffective assistance of counsel, and we affirm the judgment and sentence.
No. 11-0993. [2-294] CASTOR v. STATE
Appeal from the Iowa District Court for Scott County, Paul L. Macek, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Doyle, J. (3 pages)
Curtis Castor appeals the district court's dismissal of his postconviction relief (PCR) action, contending his PCR counsel was ineffective. OPINION HOLDS: We find the issues Castor now raises on appeal are not preserved for our review. The ineffective-assistance claim Castor raises on appeal is different than the issues presented in his application for PCR and decided by the district court. Because this claim was not raised before or decided by the district court, there is nothing for our review, and we cannot decide the issues on appeal. We therefore affirm the judgment of the PCR trial court.
No. 12-0519. [2-357] IN RE M.M.T.
Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Doyle, J. (9 pages)
A father appeals the termination of his parental rights to his child. OPINION HOLDS: Upon our de novo review, we find the State proved by clear and convincing evidence grounds for the termination of the father's parental rights under Iowa Code section 232.116(1)(f). Although the child is in the care of relatives, under the facts and circumstances in this case and considering the child's long-term and immediate best interests, we agree with the juvenile court that termination of the father's parental rights is in the child's best interests, and we find no abuse of discretion in the court's declination to invoke section 232.116(3). Finally, we find the father failed to preserve for our review his claims that the State failed to provide him reasonable reunification services and that the juvenile court erred in denying his motion for a new trial. We therefore affirm the judgment of the juvenile court.
No. 11-1974. [2-380] QUAKER OATS COMPANY v. PATTISON
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Doyle, J. (2 pages)
The employer and its insurer appeal from the district court's ruling on judicial review affirming the workers' compensation commissioner's decision, contending the district court erred in affirming the commissioner's finding that Linda Pattison is permanently and totally disabled. OPINION HOLDS: Because we agree with the district court's reasoning, its conclusions, and its application of the law, we affirm pursuant to Iowa Rule of Appellate Procedure 6.1203(a), (c), and (d).
No. 11-0546. [1-964] HAYES v. VERMEER MFG. CO.
Appeal from the Iowa District Court for Marion County, Darrell Goodhue, Judge. AFFIRMED. Heard by Eisenhauer, C.J., and Danilson and Bower, JJ. Opinion by Danilson, J. (19 pages)
Melvin Hayes appeals from entry of summary judgment in favor of the defendant, Vermeer Manufacturing Company. Hayes brought suit against his former employer, Vermeer, for retaliation and violation of his rights under the Family Medical Leave Act (FMLA) after Hayes was terminated for repeated tardiness allegedly caused by side effects of medication taken for his mental health condition. The district court granted summary judgment, concluding the FMLA intermittent leave sought was not available to Hayes. OPINION HOLDS: Upon our review, we conclude Vermeer's bankruptcy contentions, including that Hayes was not the real party in interest due to his bankruptcy, were not addressed by the district court and do not serve to uphold the judgment of dismissal. However, we conclude Hayes' FMLA certification was facially invalid and did not show he was entitled to FMLA leave. Absent a showing by Hayes of a right to FMLA leave, Vermeer was entitled to deny Hayes' request without further inquiry. Accordingly, we determine the district court properly granted summary judgment to Vermeer on Hayes' FMLA claim. We affirm the ruling of the district court.
No. 11-1021. [2-295] STATE v. WOODS
Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Danilson, J. (6 pages)
Charles Renardo Woods appeals following his guilty plea, judgment, and sentence to the charge of operating while intoxicated, second offense, in violation of Iowa Code section 321J.2(4) (2011). The State concedes its breach of the plea agreement and trial counsel's breach of an essential duty to object. OPINION HOLDS: Had Woods' counsel objected to the State's breach, he would have been entitled to a new sentencing hearing in which the prosecutor's recommendation complied with the terms of the plea agreement. We vacate Woods' sentence, and remand for resentencing.
No. 11-1429. [2-304] STATE v. BONNER
Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Danilson, J. (2 pages)
Defendant, Andre Bonner, appeals contending his guilty plea was without adequate factual basis. OPINION HOLDS: A review of the plea proceeding shows Bonner admitted all but one element of the offense and conceded the minutes of testimony and the videotape of the assault were sufficient to establish all elements of the offense. We affirm.
No. 12-0360. [2-316] IN RE R.E.
Appeal from the Iowa District Court for Linn County, Susan Flaherty, Associate Juvenile Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ. Opinion by Danilson, J. (10 pages)
A mother appeals the termination of her parental rights to her three sons, contending there is not clear and convincing evidence the children cannot be returned to her at the present time and termination is not in their best interests. OPINION HOLDS: Despite the mother's efforts over a three-year period, there is clear and convincing evidence she is unable to provide adequate supervision, and the children cannot be returned to the mother at present. The children's need for permanency, security, safety, as well as physical and intellectual health would be best served by termination of parental rights. We therefore affirm.

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