Iowa Guardian Law
In the Interest of M.N., a Minor Child, S.B., Mother
<h2><br> <br> </h2><br> <br> <br> The mother of one-year-old M.N. appeals from a dispositional order in the child-in-need-of-assistance (CINA) proceedings, challenging the juvenile court's decision the child could not yet be returned to her custody.[1] "We review decisions in CINA proceedings de novo." In re L.H., 904 N.W.2d 145, 149 (Iowa 2017) (citation omitted). "While we are not bound by the j... More...
$0 (09-04-2024 - IA)In the interest of D.D., M.D., and J.D., Minor Children, K.B. Mother, and D.D. Father
<h2><br> Waterloo, Iowa family law lawyers represented the parties in a child custody dispute.<br> </h2><br> <br> Kimberly and Daniel have struggled with substance use, unresolved mental-health issues, and domestic violence. Those struggles have diminished their parenting skills. As the guardian ad litem noted, the parents had "one year, five months, and ten days" to become safe caretakers for the... More...
$0 (07-24-2024 - IA)In the Interest of F.W., a minor child, and R.G. Father
<h2><br> Mount Ayr, Iowas family law lawyer represented the Defendant sued by the State seeking termination of his parential rights.<br> </h2><br> <br> <br> The child lived her first few weeks with the mother, then started living with the paternal grandmother around one month later. The father occasionally saw the child during this time but went to prison in Missouri shortly after the child's birt... More...
$0 (05-08-2024 - IA)In re the Marriage of Bridget Word and Brett Word </center
<h2><br> Mason City, Iowa family law lawyers represented the Plaintiff and Defendant on a petition to modify the parties' dissolution (divorce) decree.<br> <h2><br> <br> <br> Bridget and Brett married in 2014, and they have two children, born in 2015 and 2017. The parties' marriage was dissolved by an Arizona decree in 2019, several months after the family moved to Iowa. Bridget and Brett stipulat... More...
$0 (07-19-2024 - IA)IN THE INTEREST OF D.M.
Indianola, IA: Family law lawyers represented the Mother and Father of D.M. in child custody dispute.<br> <br> A mother and her child's guardian ad litem (GAL) separately appeal the juvenile court's permanency order transferring sole custody of the child, born in 2013, to her father. Both the mother and GAL argue there was not clear and convincing evidence the child could not be returned to the ... More...
$0 (10-15-2021 - IA)United States of America v. Jeremiah Shortenhaus
Sioux City, Iowa felony firearm possession charge criminal defense lawyer represented Defendant, Jeremiah Shortenhaus, age 27, from Sioux City, Iowa, was charged with possessing and brandishing a firearm in furtherance of a crime of violence.<br> <br> Evidence presented by the United States at Shortenhaus's detention, change of plea, and sentencing hearings revealed that on July 27, 2019, Shortenh... More...
$0 (04-12-2021 - IA)United States of America v. Jordan James Booker
<center><br> <img width="400" src="https://i0.wp.com/www.morelawtv.com/wp-content/uploads/2020/08/Waterloo_IA_Fed.jpg?fit=220%2C174"><br> </center><br> <br> Rapid City, IA - The United States of America charged Jordan James Booker, age 23, with felony possession of a firearm and fining a warning shot to scare another person.<br> <br> In a plea agreement, Booker admitted that, on March 9, 2019, he... More...
$0 (08-08-2020 - IA)United States of America v. Richard Dale Ogle, II
<center><br> <img width="400" src="https://www.gsa.gov/cdnstatic/ephox_images/CedarRapids_3314823070993319616_1360864279914.jpg"><br> </center><br> <br> Cedar Rapids, IA - The United States of America charged Richard Dale Ogle, II with being a felon in possession of a firearm and shooting at police during a high speed chase.<br> <br> Evidence at the sentencing hearing showed Ogle was on parole aft... More...
$0 (07-28-2020 - IA)United States of America v. Johnathan Keith Sneed
<center><br> <img width="400" src="https://www.usmarshals.gov/district/ia-s/images/davenp.jpg"><br> </center><br> <br> Davenport, IA - The United States of America charged Johnathan Keith Sneed, age 34, with being a felon in possession of a firearm.<br> <br> Sneed pleaded guilty on February 18, 2020, and admitted on September 13, 2018, he possessed a loaded .380 caliber Hi-Point pistol. Prior to p... More...
$0 (07-09-2020 - IA)United States of America v. Prequondis Lequay Holmes
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center> <br> <br> Cedar Rapids, IA - The United States of America charged Prequondis Lequay Holmes with being ... More...
$0 (04-18-2020 - IA)United States of America v. Rossi Lorathio Adams, II
Ceder Rapids, IA - The United States of America charged Rossi Lorathio Adams, II with conspiracy to interfere with commerce by force, threats, and violence.<br> <br> A man who enlisted his cousin to break into a Cedar Rapids man’s home and order him at gunpoint to transfer an Internet domain was sentenced today to 14 years in federal prison.<br> <br> Rossi Lorathio Adams II, age 27, from Cedar R... More...
$0 (12-10-2019 - IA)United States of America v. Roman Deon Hellems, Jr.
Des Moines, IA - Des Moines Man Sentenced to Prison for Firearms Offense<br> <br> Roman Deon Hellems, Jr. sentenced to 96 months for felon in possession of a firearm<br> <br> On August 24, 2018, Roman Deon Hellems, Jr., age 23, of Des Moines, appeared before United States District Court Judge Stephanie M. Rose and was sentenced to 96 months in prison for a felon in possession of a firearm charge a... More...
$0 (08-28-2018 - IA)Santos Rosales-Martinez v. Nick Ludwick
Santos Rosales-Martinez was convicted of second degree sexual abuse, in<br> violation of Iowa Code § 709.3(1)(b). He sought a writ of habeas corpus under 28<br> U.S.C. § 2254 arguing that the trial court violated his right to confrontation. The<br> district court denied relief. He appeals. Having 1 jurisdiction under 28 U.S.C. § 1291,<br> this court affirms.<br> Rosales-Martinez was charged wit... More...
$0 (06-22-2018 - IA)STATE OF IOWA vs. JEROMIE ALAN KRAMER <table> <td>
In December 2015, the State charged Kramer by trial information with <br> indecent contact with a child. It was alleged the conduct occurred in December <br> 2014, when P.W.—the complaining witness—was twelve years old and staying at <br> Kramer’s home. <br> The next day, the county attorney filed a motion to have a guardian ad litem <br> (GAL) appointed. The motion requested the attorney... More...
$0 (01-12-2018 - IA)<b>STATE OF IOWA vs. RICKY L. OVERSTREET</ center></b>
On May 19, 2013, Heather Davis, a child protection worker from the Iowa <br> Department of Human Services (DHS), went to the home of Gloria Overstreet <br> and her son, Ricky Overstreet, to investigate an anonymous call received about <br> Ricky’s daughter, T.O., in which the source reported T.O. was being physically <br> abused by Ricky and Gloria and was receiving inadequate food and clothing.... More...
$0 (12-23-2016 - IA)<b>STATE OF IOWA vs. NAPOLEON MBONYUNKIZA</b>
D.B., a mentally and physically incapacitated woman living at a Des <br> Moines-area group home, was treated at Mercy Hospital for weight loss, gagging, <br> and digestive issues. It was discovered D.B. was twenty weeks pregnant. The <br> pregnancy was terminated per the direction of D.B.’s guardian. Police sought <br> DNA samples of all males with access to D.B., including Mbonyunkiza, a <br... More...
$0 (12-21-2016 - IA)<b>STATE OF IOWA vs. TONI LYNN REESE</b></h2.
To convict Reese of harboring a runaway, the State was required to prove three elements: (1) S.P. was a runaway child, meaning she was under eighteen years of age and was voluntarily absent from her home without the consent of her guardian; (2) Reese aided, supported, or sheltered S.P.; and (3) Reese intended to allow S.P. to remain away from home against the wishes of her guardian. See Iowa... More...
$0 (10-28-2016 - IA)<b> STATE OF IOWA vs. DUSTIN ALLEN HEUER</b></h2.
Heuer has intellectual limitations. He lives in his own apartment but sometimes stays with his guardian. He also receives assistance in his daily activities from case worker, Enoch Higbee. On June 25, 2015, Heuer was spending time at Higbee’s house while two young children were present. Heuer is sexually aroused by the smell of feces. While Heuer was alone with the children, he massage... More...
$0 (10-28-2016 - IA)United States of America v. Bradley J. Prucha
Des Monies, IA - West Des Moines Man Sentenced to 70 Years in Prison for Retail Theft Scheme, Child Pornography, and Witness Tampering Charges<br> <br> Bradley J. Prucha, 39, of West Des Moines, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to a total of 840 months, or 70 years, in federal prison for executing a multistate retail theft scheme, producing and possess... More...
$0 (06-27-2016 - IA)STATE OF IOWA vs. ELDRA SCOTT JENNINGS JR
On July 27, 2014, at about 1:30 a.m., Iowa City police officers heard three <br> or four gunshots at the pedestrian mall in downtown Iowa City. Michael Dillon, <br> who operated a food vending cart, saw a man fire a weapon into the air and then <br> run from the scene. Diane Dillon, who was also working at the food vending cart, <br> crouched down when she heard the shots. Diane stated there we... More...
$0 (06-19-2016 - IA)STATE OF IOWA vs. HIPOLITO DUBON PANTALEON
Following a trial to the district court, Hipolito Dubon Pantaleon (Dubon) <br> was convicted of two counts of lascivious acts with a child, stemming from acts <br> he committed in 2013 with a then eleven-year-old child.1 On appeal, Dubon <br> challenges the court’s admission of the child’s video-recorded interview with <br> Child Protective Services (CPC) into evidence at trial, alleging the... More...
$0 (02-25-2016 - IA)SASCHA NATIKA STALEY vs. TYLAND ANTONIO SIMMONS
Appeal from the Iowa District Court for Dallas County, Paul R. Huscher, <br> Judge. Staley began a relationship with Simmons and became pregnant with his <br> child in Indiana. She moved to her native Alaska, and the child was born in <br> Alaska in 2003. The couple reconciled, and Staley moved back to Indiana with <br> the child. Soon Staley left Simmons again; she and the child moved to Iowa.... More...
$0 (10-18-2015 - IA)IN THE INTEREST OF S.M., Minor Child,
S.M. was born in October 2007. E.M., her maternal grandfather, and his <br> wife, C.M. (the guardians a/k/a the grandfather or grandmother), were appointed <br> guardians in March 2009, and S.M. has been in their sole care since that time.1 <br> She is developmentally on track, has no special needs, does well in school, and <br> appears to be thriving. S.M. only lived with the mother during the... More...
$0 (08-10-2015 - IA)State of Iowa v. Yvette Marie Louisell
Recent decisions of this court have explored the constitutionality of<br> criminal sentences for juvenile offenders. See generally State v. Lyle, 854<br> N.W.2d 378 (Iowa 2014); State v. Ragland, 836 N.W.2d 107 (Iowa 2013);<br> State v. Pearson, 836 N.W.2d 88 (Iowa 2013); State v. Null, 836 N.W.2d<br> 41 (Iowa 2013). Today we consider the nature and extent of a court's<br> discretion in resentenci... More...
$0 (06-26-2015 - IA)IN THE INTEREST OF J.D. AND E.D., Minor Children, Z.D., Father, Appellant.
The father appeals the termination of his parental rights to his children, J.D. and E.D. He asserts that, because the State did not petition that his rights should be terminated under Iowa Code section 232.116(1)(h) (2013), the juvenile court improperly found termination warranted on that paragraph. He further argues that the requirements for termination were not met, because the children were nev... More...
$0 (08-13-2014 - IA)In the interest of Q.E., C.E. and K.E.
A mother appeals from the juvenile court's order terminating her parental rights to three of her children.1 We affirm.<br> I. Background Facts and Proceedings<br> This family came to the attention of the Iowa Department of Human Services (DHS) in January 2013, when the mother contacted DHS because she did not feel she could parent her children safely. The mother has six children: K.E., born in 200... More...
$0 (08-13-2014 - IA)In the interest of K.B.
A young father appeals the juvenile court order severing his parental rights to his one-year-old son. He contends the State did not prove a statutory ground for termination and argues maintaining his rights would be in the child's best interests. But primarily, the father seeks an additional six months to work toward reunification—pointing to an exhibit detailing his candid revelations conc... More...
$0 (08-13-2014 - IA)In the Interest of A.M.M.
A mother appeals from the order terminating her parental rights. She contends the evidence failed to prove she abandoned the child or that termination is in the best interest of the child. We conclude the district court properly terminated the mother's parental rights on the ground of abandonment under Iowa Code section 600A.8(3)(b) (2011). We conclude termination of the mother's parental rights i... More...
$0 (08-13-2014 - IA)Martha Duban v. Waverly Sales Co.
Thomas and Martha Duban brought a negligence action against Waverly Sales<br> Company (Waverly) arising out of injuries Martha sustained when she was stepped<br> on by a horse at a Waverly draft horse auction. The district court1 denied Waverly's<br> 1The Honorable Jon Stuart Scoles, United States Magistrate Judge for the<br> Northern District of Iowa, to whom the case was referred for final dispo... More...
$237535 (07-28-2014 - IA)In re the Marriage of Kelli Dawn Hill Hunt and Tony Robert Hunt
Kelli Hill Hunt (n/k/a Kelli Hill) appeals the physical care and property distribution provisions of the decree dissolving her marriage to Tony Hunt. She argues the district court erred in denying her request for a custody investigation, awarding joint physical care, and in the division of the parties' assets.1 Tony requests appellate attorney fees. We affirm finding the court properly appointed a... More...
$0 (03-12-2014 - IA)Roberto Ledesma v. Daniela Estrada Gutierrez and Juan Antonio Cisneros
At issue in this case is the paternity of A.C., who is now four years old. A.C.'s biological father, Roberto Ledesma, challenges the district court's denial of his petition to establish paternity, custody, visitation, and support, and to terminate the rights of A.C.'s legally established father, Juan Cisneros. Ledesma contends the district court misapplied Iowa Code sections 600B.41 and 600B.41A (... More...
$0 (02-05-2014 - IA)PAMELA SUE HOOK vs. TITO TREVINO, Individually, and TITO TREVINO d/b/a TREVINO LAW OFFICES
This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook's personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, resp... More...
$0 (01-08-2014 - IA)IN THE INTEREST OF A.U. and J.U., Minor Children, H.O., Mother, Appellant.
A mother appeals from the juvenile court order terminating her parental rights to two children under section 232.116(1)(f) (2013). The mother contends (A) the State failed to make reasonable reunification efforts, (B) the State failed to prove statutory grounds for termination, (C) terminating her parental rights is not in the children's best interests, (D) statutory exceptions save the parent-chi... More...
$0 (06-12-2013 - IA)IN THE INTEREST OF J.W. and J.D., Minor Children, M.D., Father of J.D., Appellant, A.W., Mother, Appellant, A.W., Father of J.W., Appellant.
The mother and the fathers of two children appeal from the termination of their parental rights. Statutory grounds for termination of parental rights exist as to each parent and each child. Termination of parental rights will offer the children needed permanency, and no factor precludes the termination of each parent's rights. We therefore affirm on each appeal.<br> <br> I. Background Facts and Pr... More...
$0 (06-12-2013 - IA)In the Interest of J.T. and R.T., Minor Children
A mother, Tabitha, appeals the district court order terminating her parental rights to her children, R.T. (born 2009) and J.T. (born 2010).1 R.T.'s father, Clinton, also appeals the order terminating his parental rights. Tabitha's rights were terminated pursuant to Iowa Code section 232.116(1)(d) (2011) (adjudicated child in need of assistance (CINA) for physical abuse or neglect, circumstances co... More...
$0 (06-12-2013 - IA)In the Interest of I.M., A.M. and C.M., Minor Children
The juvenile court terminated parental rights to three children. The mother, father, and maternal grandmother appeal. The mother and father argue the State failed to prove the grounds for termination of their parental rights. The children's maternal grandmother, an intervenor, argues the children should be placed with her. Clear and convincing evidence supports termination of the mother's and the ... More...
$0 (06-12-2013 - IA)In the Interest of and Regarding the Guardianship of D.J.M.
Guardians, Roland and Deanna Martzahn, appeal the district court's December 20, 2012 order, which disapproved the final report they filed seeking to terminate the guardianship and also sanctioned them in the amount of $300 "for failing to abide by the previous orders of this Court.†They claim their final report should have been approved and the guardianship terminated because the guardiansh... More...
$0 (06-12-2013 - IA)SCS Property Management, LLC v. Cindy Vokes and Westside Kids, Inc.
SCS Property Management, LLC, run by Cindy Jones, leased space to a day care center known as West Side Kids, run by one of its owners, Cindy Vokes. When the five-year lease spanning 2005 to 2010 expired, West Side Kids vacated the premises, taking certain items with it. SCS sued West Side Kids and Vokes for breach of the lease agreement. West Side Kids counterclaimed for breach of the same agreeme... More...
$0 (06-12-2013 - IA)Betty Gunderson v. Dianna K. Engelbrecht
Betty Gunderson appeals an order granting partial summary judgment on her June 16, 2010 petition seeking compensation for care-taking services she performed for Shirley Marts. The district court found the two-year statute of limitations at Iowa Code section 614.1(8) (2009) barred Gunderson's claim for unpaid wages for the period from January 2005 through June 2006. Gunderson argues that because sh... More...
$0 (01-24-2013 - IA)Estate of Andy Samuel Ayala-Gomez v. Steven D. Sohn, M.D.
A child's estate appeals a summary judgment ruling concluding a medical malpractice action was not timely filed.<br><br>I. Background Facts and Proceedings<br><br>The record reveals the following undisputed facts. See Iowa R. Civ. P. 1.981(3) (requiring summary judgment movant to show the absence of any genuine issue of material fact). In 2008, the parents of a one-year-old child took him to a hos... More...
$0 (10-17-2012 - IA)