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Intent Law
 
VICTOR RIVERA vs. STATE OF IOWA Rivera sentenced for November 2014 motorcycle accident

Victor Rivera, while driving under the influence of alcohol, caused a traffic
accident that killed a motorcyclist and seriously injured the motorcyclist’s
passenger. Rivera fled the scene in his vehicle and led officers on a short chase
before he was apprehended. Rivera pleaded guilty to unintentionally causing the
death of another by operating a motor vehicle while intoxicat... More...
   $0 (06-17-2017 - IA)

United States of America v. Brian Landon Brown

Lubbock, TX - Lubbock Man Involved in Fentanyl Distribution Conspiracy Pleads Guilty to Federal Drug Charges

26-year-old male died of an overdose after purchasing Furanyl Fentanyl from the defendant

A Lubbock, Texas, man, Brian Landon Brown, 32, pleaded guilty to a federal offense stemming from his role in a fentanyl distribution conspiracy.

Brown pleaded guilty to one c... More...
   $0 (06-17-2017 - TX)

James C. Hilliard v. Kevin R. Harbour

Appellant, James C. Hilliard, now 78 years of age, filed a complaint making the
sole claim that Kevin R. Harbour (Harbour)1
and Wells Fargo Capital Finance, LLC,
(Wells Fargo or the Bank) took or assisted in taking his property for wrongful use, with
intent to defraud, or by undue influence, in violation of section 15610.30, subd. (a)(1)(2)
of the Welfare and Institutions Code ... More...
   $0 (06-17-2017 - CA)

Snyder & Associates Aquisitions, LLC v. United States of America

In 2010, the Internal Revenue Service set a trap to catch
people filing for fraudulent tax refunds. The IRS enlisted the
assistance of plaintiffs’ tax preparation and refund-advance
businesses. It warned that refusal to cooperate would
interfere with a federal criminal investigation, it used millions
of plaintiffs’ dollars as bait, and it promised to reimburse
them for any ... More...
   $0 (06-16-2017 - )

STATE OF IOWA vs. ROYLEE RICHARDSON JR Man Charged in Davenport Shooting

Roylee Richardson Jr. appeals from his convictions for intimidation with a
dangerous weapon, possession of a firearm by a felon, willful injury resulting in
bodily injury, and going armed with intent. Richardson maintains there was
insufficient evidence to support his conviction for intimidation with a dangerous
weapon. Additionally, he claims trial counsel was ineffective fo... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. PATRICIA PRANSCHKE COURT OF APPEALS OF IOWA

Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts, State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts. Terri Andersen is Patricia Pranschke’s adult
daughter. In April 2015, a warrant was issued for Andersen’s arrest. The
warrant related to a traffic violation issued to Andersen for driving on a... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. QUINTOREY KEMP Judge gives teen 5 year sentence for shooting

Sherman Wise, the father of a sixteen-year-old girl, caught Quintorey
Kemp in her bedroom. Wise had previously warned Kemp not to come to his
house. The two “tussl[ed].” Kemp ran out of the bedroom, and Wise followed.
He was “[m]aybe five or six feet” away from Kemp when he noticed that Kemp
“had a gun pointed back as he was running.” According to Wise, the gun “was
d... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. JOHN DALE METZGER Arrest Made Following Spray Plane Shooting

For at least twelve years, Metzger felt harassed by planes from Steier Ag
Aviation Service flying so low over his farm that they would “shake the house.”
Around 2005 or 2006, Metzger telephoned Elmer Steier, the company’s founder,
to complain a crop-duster had flown too close to Metzger’s buildings. Steier
recalled Metzger saying “he was so upset that if an airplane flew clos... More...
   $0 (06-16-2017 - IA)

Joseph E. Sarachek, in his capacity as Chapter 7 Trustee v. Luana Savings Bank

In the 90 days before filing for bankruptcy, Agriprocessors, Inc., wired funds
covering overdrafts at Luana Savings Bank. The bankruptcy trustee, Joseph E.
Sarachek, argues those overdraft-covering deposits are avoidable transfers
-2-
recoverable from Luana. The bankruptcy court 1 found Sarachek could recover some
deposits but not others. Sarachek and Luana cross-appealed. The ... More...
   $0 (06-15-2017 - IA)

Charles Robert Gauger v. Margie Tidwell Gauger

Charles Robert Gauger appeals the entry of a post-answer default judgment
against him in his divorce case. The trial court entered a default judgment because
Gauger failed to appear at the final hearing. Gauger then retained counsel and filed
a motion for new trial in which he alleged that he had a meritorious defense, that a
new trial would not prejudice his ex-wife, and that he h... More...
   $0 (06-15-2017 - TX)

Hermenia Jenkins v. Crosby Independent School District and Michael L. Williams in his Official Capacity as State Commissioner of Education

After the new superintendent of Crosby Independent School District (the District)
reassigned appellant Hermenia Jenkins from the position of principal at an intermediate school
within the District to that of an assistant principal at Crosby High School, Jenkins challenged the
reassignment pursuant to the District’s grievance procedure. After the District’s board of trustees
voted t... More...
   $0 (06-15-2017 - TX)

CLIFFORD JACKSON vs. STATE OF IOWA Iowa Court of Appeals

Clifford Jackson entered guilty pleas to two counts of second-degree
robbery and one count of willful injury causing bodily injury. Jackson was
sentenced to ten years incarceration on each of the robbery counts and five
years in prison on the willful-injury count, to be served consecutively for a total
term of twenty-five years. In addition, each robbery conviction carried wi... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. MITCHELL SCOTT GAHAGAN

On November 23, 2013, Davenport police responded to a 911 call made
by Gahagan’s girlfriend alleging a domestic disturbance at Gahagan’s residence.
Based on comments made by the girlfriend to the officers after they arrived on
the scene, the officers obtained a search warrant to search for drugs in
Gahagan’s home and vehicle. During the search, officers located two plastic More...
   $0 (06-15-2017 - IA)

STACEY JEAN O'HARA vs. STATE OF IOWA Iowa Court of Appeals

Stacey Jean O’Hara appeals from the dismissal of her application for
postconviction relief. As background, pursuant to a plea agreement, O’Hara
agreed to plead guilty to the amended charge of second-degree robbery, third
degree burglary, lottery ticket theft, and assault on a peace officer. The State
agreed to dismiss a conspiracy-to-commit-a-felony charge and to recommend More...
   $0 (06-15-2017 - IA)

ANTONIO DANTZLER vs. STATE OF IOWA Waterloo flood robbery conviction upheld by Appeals Court

The following facts were set out in Dantzler’s direct appeal:
On the afternoon of June 11, 2008, a Prime Mart convenience store and Dollar General store in Waterloo were robbed. Witnesses to the robberies reported the incidents by calling 911. Patrol officer, Brad Walter, testified that he responded to a call from dispatch reporting that suspects of the robbery fled in a dark colored SUV. ... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. MARCEL ROSE Iowa Court of Appeals

Marcel Rose and Amanda Guzzle resided together and were involved in a
romantic relationship. Rose and Guzzle knew a mutual acquaintance, Sarah
Medina. On July 6, 2015, Rose and Guzzle were alone at Medina’s residence in
the living room when they began to argue. The argument then turned physical,
and according to Guzzle’s testimony, she ended up on the couch with Rose on
... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. ZACHARY LEE CHURCH Man shot by C.F. officer gets jail time

During the early morning hours of December 25, 2013, a Cedar Falls
police officer was patrolling in his vehicle when he saw a car stopped in the
street. The car’s lights were on; the engine was running, and the officer noticed
one occupant inside.
After pulling up next to the car, the officer observed a male slumped
forward in the driver’s seat who did not react to the... More...
   $0 (06-15-2017 - IA)

COREY DARNELL MOORE vs. STATE OF IOWA Man found guilty of robbery in Cedar Falls shooting case

Corey Moore was convicted of robbery in the first degree, in violation of
Iowa Code section 711.2 (2011); assault causing serious injury, in violation of
Iowa Code section 708.2(4); and possession with intent to deliver marijuana
while in the immediate possession of a firearm, in violation of Iowa Code section
124.401(1)(d) and (e). This court affirmed Moore’s conviction on di... More...
   $0 (06-15-2017 - )

United States of America v. Steve Cuellar Zuniga Sixth Circuit Courtroom - New Orleans, Louisiana

In this appeal, Steve Cuellar Zuniga first challenges the district court’s denial of his motion to suppress evidence obtained during a warrantless search of his person and the vehicle within which he rode as a passenger. Second, Zuniga objects to his career offender sentence under U.S.S.G § 4B1.2 on the ground that its identically-worded residual clause was held unconstitutional by the Supreme Cou... More...   $0 (06-15-2017 - TX)

Robin Hutchheson v. Eskaton Fountainwood Lodge

This case turns on whether an attorney-in-fact who admitted her principal to a
residential care facility for the elderly made a “health care” decision. If she did, as the
trial court found, she acted outside the scope of her authority under the power of attorney,
and the admission agreement she signed, and its arbitration clause this appeal seeks to
enforce, are void.
To answer... More...
   $0 (06-15-2017 - CA)

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine
the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The
bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed,
and we now affirm as well.
I. BACKGROUND
Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer
to as Joseph a... More...
   $0 (06-14-2017 - MN)

Makala Cornett v. Paul Cornett

Makala Cornett appeals the trial court’s judgment in favor of Paul Cornett. In a single issue, she contends the evidence is legally insufficient to support the judgment. We affirm.
BACKGROUND
In December 2015, Paul received a $100,000 personal injury settlement as a result of his father’s death. At the time of the settlement, Paul did not have a driver’s license, identification card, or ba... More...
   $0 (06-14-2017 - TX)

ALAN DUANE BEARD vs. STATE OF IOWA Alan Duane Beard - Sex Offender in Boone, IA 50036

On November 19, 2013, Beard pled guilty to eluding and operating a
motor vehicle while intoxicated (OWI). On the eluding charge, Beard was
sentenced to an indeterminate term not to exceed five years and a fine and
surcharge. The court suspended the sentence of incarceration, the fine, and the
surcharge and placed Beard on probation for two to five years. On the OWI
char... More...
   $0 (06-14-2017 - IA)

ALF FREDDY CLARK vs. STATE OF IOWA Police: Material witness in 2015 homicide back in Des Moines

Following a May 2000 jury trial, Clark was convicted of attempt to commit
murder and terrorism with intent (now known as intimidation with a dangerous
weapon), and was sentenced to a twenty-five-year and a ten-year term of
imprisonment, to run concurrently. As part of the August 4, 2000 order imposing
imprisonment and fine, Clark was ordered to “reimburse the State for attorne... More...
   $0 (06-14-2017 - IA)

STATE OF IOWA vs. JOHN DAVID GREEN 2 words lead to mistrial in case where remains of man's friend were found buried in basement

Mark Koster lived in a one-bedroom house in Sac City. In 2009, he seemingly disappeared from the area without notice. Police were alerted after mail began to accumulate in the mailbox at his house and he stopped paying his utility bills. Police found a handwritten note attached to the back door of Koster’s house. The note indicated he had gone to Florida for the winter and would return in the ... More...   $0 (06-14-2017 - IA)

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