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Iowa Assault Law
 
Joanne Cote v. Derby Insurance Agency, Inc. and Kevin Dorn

Joanne Cote worked for Derby Insurance Agency from 1998 until 2014. In
2014, she sued the agency and Kevin Dorn (collectively, Derby),1 alleging sexual
discrimination based on a hostile work environment, as well as the torts of
intentional infliction of emotional distress and assault. On interlocutory appeal,
Derby challenges the district court’s denial of its motion for summary ju... More...
   $0 (08-02-2017 - IA)

STATE OF IOWA vs. JEJUAN TYREE LYKE JR

Due to events occurring on February 3, 2015, Lyke was charged with six
offenses: count I–attempted murder, count II–robbery in the first degree, count
III–intimidation with a dangerous weapon, count IV–going armed with intent,
count V–willful injury, and count VI–kidnapping in the second degree; counts I, II,
and VI being class “B” felonies.
On June 24, 2016, the State... More...
   $0 (07-24-2017 - IA)

CHRISTOPHER LAPOINTE vs. STATE OF IOWA

Man sentenced in downtown hotel sexual assault

On December 2, 2014, LaPointe pled guilty to one count of second-degree
burglary, in violation of Iowa Code section 713.5 (2014), and one count of
third-degree sexual abuse, in violation of Iowa Code section 709.4. The State
agreed to recommend concurrent ten-year sentences in exchange for LaPointe’s
guilty plea. Sentencing occurred immediately after the guilty plea was accep... More...
   $0 (07-24-2017 - IA)

STATE OF IOWA vs. JUSTIN JAMES ZOBEL

Warrant issued in mall robbery

Zobel’s convictions for third-degree burglary and possession of marijuana
were entered pursuant to a written Alford plea. The underlying facts of those
convictions are not relevant to the appeal. Zobel’s domestic-abuse-assault
causing-bodily-injury and domestic-abuse-assault convictions arose from a
dispute between Zobel and Katie Barnish in the early morning hours of July 4, ... More...
   $0 (07-24-2017 - IA)

STATE OF IOWA vs. DORIEN DONTAE TYRONE LEMON

Iowa Court of Appeals

Dorien Dontae Tyrone Lemon appeals following his guilty pleas to burglary
in the third degree and assault with the intent to commit sexual abuse, in violation
of Iowa Code sections 709.11(3) and 713.6A(1) (2016). He asserts the district
court abused its discretion in imposing, rather than suspending, the prison term
on his convictions. He also claims the court erred in failin... More...
   $0 (06-17-2017 - IA)

STATE OF IOWA vs. TROY D. LAUGHLIN

Iowa Court of Appeals

Troy Laughlin entered guilty pleas to two counts of assault causing bodily
injury; he was sentenced and now appeals. Laughlin claims trial counsel was
ineffective for allowing him to enter guilty pleas when the pleas were not
voluntary, knowing, or intelligent. More specifically, he claims he suffers from
mental illness and was not given his prescribed medications while he wa... More...
   $0 (06-17-2017 - IA)

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)

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. MELVIN MARTIN JR

COURT OF APPEALS OF IOWA

On August 10, 2015, the State charged Martin with third-offense domestic
abuse assault causing bodily injury. After waiving his right to a jury trial, Martin
entered a plea of guilty on March 28, 2016. However, Martin later withdrew his
guilty plea and agreed to a trial on the minutes of evidence as filed along with the
trial information. The district court discussed Martin’... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. JAMAL L. RANDOLPH

COURT OF APPEALS OF IOWA

Jamal Randolph was involved in an altercation with his nephew, Roderick
Banks. He told police Banks pulled a gun on him. At Banks’ trial on charges of
assault and felon in possession of a firearm, Randolph backtracked and,
testifying for the defense, stated Banks never had a gun.
The State charged Randolph with perjury. See Iowa Code § 720.2 (2015).
A jury found him ... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. EDWARD A. CAMPBELL

COURT OF APPEALS OF IOWA

Edward Campbell came to the apartment of acquaintance Durrell Parks,
who was watching a movie with his uncle, Atrice Chaptman. Campbell opened
the door, entered without Parks’ permission, and hit Parks. Chaptman heard the
commotion and “football-tackled” and “body-slammed” Campbell, who he had
known for several years. Chaptman eventually released Campbell, and
Campbell ... More...
   $0 (06-16-2017 - 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)

CHRISTOPHER ROBIN SCHMIDT vs. STATE OF IOWA

Robert Nelson murder *Christopher Schmidt convicted, sentenced to LWOP*

Schmidt and the victim, Robert Nelson, were acquaintances. On
Thursday, December 28, 2006, Nelson’s neighbors heard noises around 10:00
p.m. On December 31, an apartment manager opened Nelson’s apartment and
found his dead body. Police learned that Schmidt was an acquaintance of
Nelson, questioned Schmidt and his girlfriend, and learned that Schmidt had
been renting a c... 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. MICHAEL SCOTT SHECKLES

Iowa Court of Appeals

Several witnesses saw a man beating a woman inside a vehicle and saw
the woman exit the vehicle with a bloodied face. One witness identified the
assailant as Sheckles and also identified him as the person who drove off in the
vehicle, but her trial testimony was impeached with her inconsistent prior
statement that she could not recall the assailant’s identity.
After the... 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)

STATE OF IOWA vs. LUCAS TYLER IDDINGS

Iowa Court of Appeals

Lucas Iddings appeals following the revocation of the deferred judgment
he was granted after entering a guilty plea to possession of contraband while
confined, a class “D” felony, in violation of Iowa Code sections 719.7(1),
719.7(3)(c), and 719.7(4) (2014).1 He asserts his plea was not voluntarily and
intelligently entered because the court failed to inform him of the applica... More...
   $0 (06-14-2017 - IA)

STATE OF IOWA vs. BRADLEY STEVEN GRAHAM

In this case, Bradley Graham, a juvenile offender convicted of one count of sex abuse in the third degree, challenges his lifetime special sentence of parole and the lifetime requirement that he register as a sex offender as cruel and unusual punishment under the Eighth Amendment of the United States Constitution and under article I, section 17 of the Iowa Constitution. The district court held Gr... More...   $0 (05-29-2017 - IA)

STATE OF IOWA vs. EDDIE LAMONT VIRGIL

Iowa Supreme Court

The jury could find the following facts from the evidence at trial. The defendant, Eddie Virgil, and the victim, N.J., age twenty-three, began a romantic relationship in late 2013 that included sexual intimacy. N.J. was an unemployed mother living in a house in Waterloo with her four children, none fathered by Virgil. Virgil assaulted N.J. in May 2014. N.J. broke off her relationship with Virg... More...   $0 (05-29-2017 - IA)

STATE OF IOWA vs. DEANTAY DARELLE WILLIAMS

Fourth man arrested in Waterloo June sexual assault

This case comes before us on further review. The court of appeals, on discretionary review of the district court’s denial of the defendant’s motion to dismiss, reversed the district court and dismissed the charges against Deantay Williams, Taevon Washington, and Cordarrel Smith. On this further review, we focus solely on whether the defendants’ rights were violated by the failure to bring formal... More...   $0 (05-28-2017 - IA)

STATE OF IOWA vs. RICK PETRO

COURT OF APPEALS OF IOWA

In August 2009, Rick Petro physically assaulted his wife, Suella, in front of
their children. The State charged him with domestic-abuse assault causing
bodily injury, as well as first-degree harassment, based on his threat to kill
Suella. Rick pleaded guilty to the assault charge, a serious misdemeanor, in
violation of Iowa Code section 708.2(2). At the January 2010 sentenci... More...
   $0 (05-11-2017 - IA)

CURTIS JOHNSON-JEFFERS III vs. STATE OF IOWA

Curtis Johnson-Jeffers III appeals the district court’s denial of his
application for postconviction relief (PCR). In his PCR application, Curtis
claimed, in relevant part, his guilty plea to the charge of stalking was not
knowing, intelligent, and voluntary and his trial counsel was ineffective for
allowing him to plead guilty to the stalking charge without a factual basis. ... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. VERNARD ARCHER

On December 7, 2014, E.W. was sleeping on a living room couch in her
boyfriend’s Iowa City apartment when she awoke at an early morning hour to find
a strange man in the room. The room was dim, lit by two or three miniature
Christmas trees, Christmas lighting strung up along the ceiling of the apartment,
a light on the stove, and lights from outdoors. Although E.W. was not we... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. KIERRA BENTLEY

On January 27, 2015, Bentley drove to West High School in Waterloo to
pick up her brother. She found him and his cousin fighting with a group who
were not students. A group of more than twenty people had gathered with some
involved in the fight, some attempting to stop the fight, and some watching. An
off-duty Waterloo police officer, Kyle Jurgensen, drove by West High Schoo... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. NGOR MAKUEY

Makuey gets life in prison for east Des Moines slaying

Ruppert and Harriet Anderson, residents of Des Moines, had an animal
boarding business operated by their grandson that was adjacent to their home.
Ruppert was ninety-seven years old and Harriet was ninety-two on July 2, 2014,
when they received a knock at their door. Harriet assumed someone was
wanting to pick up an animal and opened the door. She observed a young man
an... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. NICHOLAS JOHN LUERKENS

Luerkens Sentenced to Life for Stabbing Ex-Girlfriend in Hy-Vee Parking Lot

The facts as presented at trial demonstrate that Luerkens and Lynnsey
were involved in a romantic relationship beginning in January 2014. Lynnsey
and her son, A.D., moved in with Luerkens, but in December 2015, she moved
out to live with a friend due to Luerkens’s drinking issues. In February 2015,
Luerkens went to a doctor for symptoms associated with depression. He
ob... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. SHAWN KALE NICKERSON

COURT OF APPEALS OF IOWA

On July 22, 2015, the State charged Nickerson with two counts of
possession of a firearm by a felon, a class “D” felony, in violation of Iowa Code
section 724.26(1) (2015), and one count of possession of a controlled substance
(methamphetamine), third offense, a class “D” felony, in violation of section
124.401(5). At a pretrial conference on October 6, the parties reached a p... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. GLENN LEE MCGHEE

Appeal denied in 1972 tavern shooting

Glenn McGhee appeals from the sentences imposed by the district court
at his 2015 resentencing. In 1972, when he was a minor, McGhee took part in a
robbery of a bar that ultimately resulted in the death of a bartender and two
patrons; two others were also injured. After a jury trial, McGhee was convicted of
three counts of murder in the first degree, three counts of robbery, ... More...
   $0 (05-09-2017 - IA)

CHRISTOPHER JOHN SIMPSON vs. STATE OF IOWA

COURT OF APPEALS OF IOWA

A jury found Christopher Simpson guilty of four counts of third-degree
sexual abuse in connection with acts he committed on two boys, ages fourteen
and fifteen. This court affirmed his judgment and sentences, which, with
enhancements, resulted in four life terms. State v. Simpson, No. 10-1554, 2011
WL 3117888, at *3 (Iowa Ct. App. July 27, 2011).
Simpson filed a postc... More...
   $0 (05-09-2017 - IA)

   ALLEN KILLINGS vs. STATE OF IOWA

Police charged man in Des Moines killing

Allen Killings was convicted of murder in the first degree. This court
affirmed his conviction on direct appeal. See State v. Killings, No. 09-0739, 2010
WL 3894161, at *1 (Iowa Ct. App. Oct. 6, 2010). Killings now appeals from the
denial of his application for postconviction relief, contending his postconviction
counsel was ineffective in two respects. First, Killings claim... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. VERNON LEE HUSER

Altoona police make arrest in 4½-year-old slaying

A. Conviction of Woolheater. The partially decomposed body of Morningstar was discovered in February 2005 in a forested area in Altoona near Woolheater’s home. Police immediately began investigating Woolheater and subsequently charged him with first-degree murder. Woolheater was convicted after a jury trial. The conviction was upheld by the court of appeals. State v. Woolheater, No. 10–0478,... More...   $0 (05-07-2017 - IA)

Wendy Burnett v. State of Indiana

COURT OF APPEALS OF INDIANA

On August 18, 2015, Burnett was riding in the passenger seat of a Chevrolet
Impala in Indianapolis when the driver of the vehicle struck another vehicle.
Burnett had fallen asleep before the collision, but she woke up upon the impact
and jumped out of the vehicle. As a woman who lived nearby started yelling
about the accident, Burnett got back into the vehicle’s passenger sea... More...
   $0 (04-22-2017 - IA)

STATE OF IOWA v. WILHELM VONHOFSTEDER

Akron, Iowa man arrested for possible sexual abuse of 12-year-old boy.

On November 2, 2015, Wilhelm VonHofsteder was charged in a twelve
count trial information with third-degree sexual abuse, indecent contact with a
child, assault with intent to commit sexual abuse, exhibition of obscene material
to a minor, and eight counts of sexual exploitation of a minor (possession of a
visual medium depicting a minor child engaged in a prohibited sexual act)... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. PETE JASON POLSON

Pleasant Hill shooter Pete Polson sentenced to 55 years

On November 17, 2014, at approximately 6:30 a.m., Mark Mitchell left his
home to start his vehicle, which was sitting in the driveway. As Mitchell walked
toward his truck, he was approached by a man who pulled a gun out of his
pocket and shot Mitchell in the stomach. The man fired a second shot, but the
second bullet missed Mitchell and entered the home. Mitchell was then ab... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. DAVID TYRONE

David Joiner was convicted of domestic abuse assault, in violation of Iowa
Code section 708.2A(2)(a) (2015), possession of a firearm by a felon (habitual
offender), in violation of code section 724.26(1), and trafficking in stolen weapons
(second offense), in violation of code section 234.16(A)(1)(b). In this appeal, he
raises several challenges to his convictions, including ... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. ANDRE LETROY ANTWAN HARRINGTON

Iowa Supreme Court

Andre Letroy Antwan Harrington was arrested and charged with the crime of robbery in the second degree. See Iowa Code § 711.1 (2013) (“A person commits a robbery when, having the intent to commit a theft, the person. . . [c]ommits an assault upon another.”); id. § 711.3 (“All robbery which is not robbery in the first degree is robbery in the second degree. Robbery in the second degree is a class... More...   $0 (04-12-2017 - IA)

STATE OF IOWA vs. ALLISON MIRANDA HEDGEPETH

Iowa Court of Appeals

The State charged Allison Hedgepeth with assault causing bodily injury in
connection with an altercation at a bar in which another woman’s nose was
broken. Hedgepeth pled guilty to disorderly conduct in violation of Iowa Code
Section 723.4(1) (2015).1 The district court placed Hedgepeth on unsupervised
probation and ordered her to pay victim restitution in an amount to be det... More...
   $0 (04-06-2017 - IA)

STATE OF IOWA vs. JAZMOND DEANTRA TURNER

Jazmond and Keenan are brothers; Kendale is their cousin. One evening
in late August 2015, they were “hanging out” on Pershing Avenue in Davenport.
They saw Ramon, who they knew sold marijuana, take something out of his trunk
and enter the house where he lived with his father, Raymond March. Kendale
recalled discussing with his two companions a plan to take marijuana from More...
   $0 (04-06-2017 - IA)

 
 
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