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Iowa Assault Law
 

STATE OF IOWA vs. LANDON MICHAEL RILEY

Landon Riley appeals from his convictions and sentences, following the
entry of an Alford plea, for two counts of willful injury causing bodily injury. Riley
maintains his trial counsel provided ineffective assistance by allowing him to
plead guilty without a factual basis and then failing to file a motion in arrest of
judgment. He also maintains the district court abused its... More...
   $0 (12-01-2016 - IA)

ANTHONY MARCELLUS COLE vs. STATE OF IOWA

Cole was convicted of attempted murder, assault, willful injury causing
serious injury, two counts of reckless use of a firearm causing serious injury, and
felon in possession of a firearm. His convictions were affirmed on appeal. State
v. Cole, No. 07-0832, 2008 WL 4876993, at *5 (Iowa Ct. App. Nov. 13, 2008).
Procedendo was issued on December 15, 2008.
On October 3, ... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. ESSOSSINAM CESAR TALBOUSSOUMA

Sex Offender

Essossinam Cesar Talboussouma appeals his conviction and sentence
following a guilty plea to assault with the intent to commit sexual abuse, claiming
his counsel failed to advise him of the potential consequences a guilty plea may
have on his immigration status. See State v. Tompkins, 859 N.W.2d 631, 637
(Iowa 2015) (providing, to prove an ineffective-assistance-of-counsel cla... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. MARGARITO OCPACO HERNANDEZ

Margarito Hernandez appeals following his Alford1 plea to third-degree
arson, three counts of child endangerment, and domestic abuse assault. The
court sentenced Hernandez to serve two years incarceration on the arson and
child-endangerment convictions, all to run concurrently, and one year on the
domestic-abuse charge, to run consecutively to the other sentences, for a total ... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. PHILLIP EUGENE MARAS

Sex Offender

The State charged Maras with first-degree harassment. See Iowa Code
§ 708.7(2)(a) (2015). “A person commits harassment in the first degree when the
person commits harassment involving a threat to commit a forcible felony . . . .”
Id. The State asserted the underlying forcible felony was a “threat to commit
second-degree sex abuse on a twelve-year-old child. See id. §§ 708.... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. RODNESHIA LAVONTAE MCBRIDE

McBride and codefendant, Shyneckia King, were tried together. The
complaining witness told the jury that McBride and King hit her and pulled out her
hair while she was at a Davenport park with her children on April 27, 2015.
During her testimony, the State offered into evidence three screenshots1 from a
video that had been uploaded to Facebook, designated as Exhibits 4, 5, a... More...
   $0 (11-30-2016 - IA)

ANTONIO RAY MOORE vs. STATE OF IOWA

On April 4, 2013, Moore was charged with theft in the second degree, in
violation of Iowa Code sections 714.1(1) and 714.2(2) (2011), and third-degree
burglary, in violation of section 713.6A(2). In June 2013, Moore was charged
with possession of a firearm by a person previously convicted of domestic abuse,
in violation of section 724.26(2), and an additional charge of second-... More...
   $0 (11-30-2016 - IA)

State of Minnesota vs. Diamond Lee Jamal Griffin

Following a jury trial, appellant Diamond Lee Jamal Griffin was convicted of first
degree felony murder, Minn. Stat. § 609.185(a)(3) (2014), in connection with the shooting
death of Francisco Benitez-Hernandez.1 On appeal, Griffin contends the district court
committed reversible error when it admitted Spreigl evidence and when it denied his
motion for a mistrial. He also claim... More...
   $0 (11-18-2016 - IA)

STATE OF IOWA vs. JAMES L. THORNE

On December 19, 2014, officers were executing a search warrant at the home of Thorne on a different matter when they observed a fifteen-year-old girl come out of the bedroom. Thorne was then twenty years old. An examination of Thorne’s cell phone showed text messages of a sexual nature between Thorne and the girl. When questioned, both Thorne and the girl stated they had been engaged in a ... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. GERALD ANTHONY DAVIS

According to the minutes of testimony, during Davis’s January 2015 interview with police officers, he admitted having sexual contact with S.A. on two occasions. In February, the State charged Davis with two counts of sexual abuse in the third degree, in violation of Iowa Code section 709.4(2)(b) (2013). The trial information alleged the crimes occurred in July or August 2014, when Davis was... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. NICHOLAS S. BLAUFUSS

.

D.J. was twelve years old in August 2014 when her family fell on hard times. Her mother suffered a series of strokes and lost her job at the convenience store. Her stepfather could not afford the contract payments on their house with just his earnings, so the parents, D.J., and her two younger stepbrothers moved in with family friend Donald Chipman in Burlington. Chipman’s house had three ... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. TYRONE R. WASHINGTON, JR.

On August 19, 2013, Washington was charged by trial information with murder in the first degree in the death of Justina Smith. Washington entered a plea of not guilty and gave notice he would claim self-defense. The trial was initially set to begin on May 12, 2015. On May 5, 2015, Washington filed a motion to strike the jury panel, arguing there was “a material departure from the statutory... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. ROGER JAMES CHESHIRE

Roger Cheshire appeals his convictions and special sentence following his guilty pleas to the offenses of lascivious conduct with a minor and indecent exposure. He contends the special sentence imposed by the district court was illegal and his trial counsel was ineffective in failing to file a motion in arrest of judgment because his guilty plea to the offense of lascivious conduct with a mi... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. NOEL BENDER

Bender met a woman and moved in with her approximately two months later. Bender indisputably assaulted the woman. The State charged Bender with domestic abuse assault, third or subsequent offense while being a habitual felon. See Iowa Code §§ 708.2A(1), 708.2A(4), 902.8, 902.9 (2015). The district court instructed the jury that the State would have to prove the assault “occurred between... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. DELANDRES THOMPSON

On October 17, 2014, around 12:45 a.m., a tow-truck driver in the area of Sturdevant and River Drive in Davenport observed a silver Pontiac Grand Prix drive by at a high rate of speed; he also heard two or three shots go off from the vehicle. Davenport Police Officer Donnie Pridemore was investigating a hit-and run accident when he saw the silver Grand Prix and also heard a popping sound. As... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. ALFRED KAKKI ANITOK

Alfred Anitok appeals his conviction and sentence after pleading guilty to incest. He contends his trial counsel was ineffective in failing to file a motion in arrest of judgment because he was not advised of the maximum penalty for the crime to which he pled guilty and, therefore, his guilty plea was not knowing and voluntary. Having shown no prejudice, we reject Anitok’s ineffective-assist... More...   $0 (10-27-2016 - IA)

TERRENCE EARL ROBY vs. STATE OF IOWA

Terrence Roby has appealed the dismissal of his postconviction relief (PCR) application. For our purposes, this case is effectively summarized by the conclusion portion of Roby’s final brief and reply brief in this appeal: Terrence Roby pled guilty to a 25 year drug sentence [in 2007 and 2008]. When he got to prison, he found out the prison was interested in requiring sex offender treatment.... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. DONNY JUNIOR WEST

Just after midnight on April 5, 2015, a Fort Madison Police Department
officer received a call from dispatch regarding a shooting at a residence in Fort
Madison. The officer arrived at the residence within a minute but quickly pursued
a vehicle leaving the residence. When the officer stopped the vehicle, West was
identified as the driver. A .22 caliber revolver was later dis... More...
   $0 (10-14-2016 - IA)

KRISTINE SINK vs. STATE of IOWA and IOWA DEPARTMENT OF CORRECTIONS


Sink began working as a correctional officer for the DOC at the Iowa State
Penitentiary (ISP) in Fort Madison in May 2003. ISP is a maximum-security, all
male prison. Sink was assigned to the Clinical Care Unit (CCU), in which
inmates with mental illness and/or severe behavioral problems were housed.
Many of the inmates she supervised were sex offenders. The record make... More...
   $0 (10-13-2016 - IA)

WILLIE J. HERRON JR. vs. STATE OF IOWA

The facts of the crimes were sufficiently detailed in our opinion on
Herron’s direct appeal, and they do not need to be repeated here. See id. at *1–
2. Following our decision in 2011, Herron filed an application for postconviction
relief. Amended applications were filed in 2013, and the matter proceeded to a
hearing in March 2014. Both Herron and his trial counsel testified... More...
   $0 (10-13-2016 - IA)

STATE OF IOWA vs. MICHAEL ANTHONY

In August 2014, Anthony and the complaining witness began exchanging
argumentative messages on a social networking website. Events escalated
when Anthony began posting threatening language directed at the complaining
witness. On August 5, Anthony went to the complaining witness’s home. The
complaining witness and another witness both told officers that Anthony pulled a
... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. KENDALL CHAVEZ JOHNSON

In August 2015, Johnson was charged by trial information in six separate
counts with first-degree burglary, assault while displaying a dangerous weapon,
false imprisonment, interference with official acts, and two counts of child
endangerment. In exchange for Johnson’s agreement to plead guilty to a lesser
included offense of second-degree burglary and the assault-while-display... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. LUCAS KYLE DANIELS

Lucas Daniels appeals following his guilty plea to domestic abuse assault,
second offense, an aggravated misdemeanor, in violation of Iowa Code section
708.2A(3)(b) (2015). He claims the sentencing court violated his right to
allocution.
Daniels filed a written guilty plea in which he asked the court to waive the
guilty plea procedures that required the district court ... More...
   $0 (09-16-2016 - IA)

RONALD JAMES TAYLOR vs. STATE OF IOWA

On November 7, 2011, Taylor was charged by trial information with four
counts of second-degree sexual abuse, class “B” felonies, based on allegations
he committed sex acts with a minor between June 2010 and March 2011. The
matter proceeded to trial on March 13, 2012. After jury selection but prior to the
start of testimony, the State advised Taylor it intended to file additio... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. JESHUA DAVID DIVIS

For entertainment on Black Friday morning, Cassandra Stever and her
mother decided to gamble at Ameristar Casino in Council Bluffs. After some
initial success on the slot machines, Stever’s luck soured, and she moved to a
different bank of machines away from the spot where her mother was playing.
At her new location, a man later identified as Divis sat down next to
S... More...
   $0 (09-16-2016 - IA)

TIMOTHY S. BENJEGERDES vs. STATE OF IOWA

In 2009, a jury convicted Benjegerdes of one count of sexual abuse in the
third degree, in violation of Iowa Code sections 709.1(3) and 709.4(2)(b) (2009).1
Benjegerdes’s conviction was affirmed on direct appeal. State v. Benjegerdes,
No. 09-1230, 2011 WL 3925411, at *4 (Iowa Ct. App. Sept. 8, 2011). In 2012,
Benjegerdes filed an application for postconviction relief, claimi... More...
   $0 (09-15-2016 - IA)

United States of America v. Manuel Sanchez-Rojas

An Illegal Immigrant from Mexico Sentenced to Prison After Being Deported Five Times and Returning

A Mexican man who had previously been deported five times was sentenced today to more than three years in federal prison.

Manuel Sanchez-Rojas, 47, a citizen of Mexico who had been living in Waterloo, Iowa, received the prison term after a June 2, 2016, guilty plea to one count of i... More...
   $0 (08-30-2016 - IA)

STATE OF IOWA vs. JOSHUA DANIELS

Joshua Daniels was convicted by a jury of domestic assault as a habitual
offender, as well as harassment in the first degree. He appeals claiming there
was insufficient evidence to support his assault conviction because the State
failed to prove the existence of a domestic relationship between himself and the
victim, his mother.1
We review challenges to the sufficiency o... More...
   $0 (08-12-2016 - IA)

STATE OF IOWA vs. ANTHONY RODRIGUEZ

Anthony Rodriguez entered Alford1 pleas to willful injury and first-degree
harassment. Rodriguez was ordered to register as a sex offender as part of his
sentencing after the district court made a separate determination that the
harassment offense was sexually motivated. Rodriguez appeals the district
court’s finding that his harassment conviction was sexually motivated under... More...
   $0 (08-11-2016 - IA)

STATE OF IOWA vs. CASEY FREDERIKSEN

A Floyd County jury convicted Casey Frederiksen of murder in the first
degree and sexual abuse in the first degree for offenses committed against the
five-year-old daughter of his live-in girlfriend. Frederiksen now challenges his
convictions on three grounds. First, he disputes the sufficiency of the State’s
proof that he was the perpetrator. Second, he contends the distric... More...
   $0 (08-11-2016 - IA)

ANTHONY LEWIS PEACHER vs. STATE OF IOWA

Anthony Peacher was adjudicated delinquent for the offense of assault
with intent to commit sexual abuse on November 22, 2000, and again on
December 3, 2001. On January 31, 2004, Peacher turned eighteen years old.
The juvenile court held a hearing concerning the deferred question whether
Peacher would be required to register as a sex offender. On February 24, 2004,
the ... More...
   $0 (08-11-2016 - IA)

STATE OF IOWA vs. ANTONIO HUTCHINS

Antonio Hutchins shot two men in a grocery store parking lot; one of the
men died. Hutchins admitted to the shootings but claimed self-defense. A jury
found him guilty of first-degree murder and willful injury.1 On appeal, Hutchins
contends (I) the district court unreasonably limited his opening statement and (II)
the district court abused its discretion in excluding (A) evi... More...
   $0 (08-11-2016 - IA)

STATE OF IOWA vs. TYLER JEFFREY WEBBER

Tyler Webber appeals the denial of his motion to correct illegal sentence.
He claims his lifetime parole is cruel and unusual punishment. See Iowa Code
§ 903B.1 (2005) (“sex offender special sentencing”). He also claims he should
have been afforded a hearing and meaningful representation. The State claims
Webber’s sentence is not grossly disproportionate to his sexual-abuse... More...
   $0 (08-10-2016 - IA)

PAULINO PEREZ MONDRAGON vs. STATE OF IOWA

In 2009, a jury found Perez-Mondragon guilty of robbery in the first degree
and assault while participating in a felony. The conviction was affirmed on
appeal. See State v Perez-Mondragon, No. 10-0299, 2013 WL 530974, at *3-4
(Iowa Ct. App. Feb. 13, 2013).1 In July 2013, Perez-Mondragon filed a pro se
PCR application. The PCR application was amended in July 2014, with the <... More...
   $0 (08-10-2016 - 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

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)

TYRONE DEMARIO BRYSON vs. STATE OF IOWA

The evidence introduced at the criminal trial established that in the early
morning hours of March 4, 1999, sixty-seven-year-old B.S. was attacked in her
Des Moines home. The perpetrator, later identified by B.S. and confirmed by
DNA evidence, was Bryson. During the attack, Bryson performed oral sex on
B.S. and forced B.S. to perform oral sex on him. Then B.S. insisted she n... More...
   $0 (07-03-2016 - 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
or four gunshots at the pedestrian mall in downtown Iowa City. Michael Dillon,
who operated a food vending cart, saw a man fire a weapon into the air and then
run from the scene. Diane Dillon, who was also working at the food vending cart,
crouched down when she heard the shots. Diane stated there we... More...
   $0 (06-19-2016 - IA)

STATE OF IOWA vs. DEBRA DENISE OLIVER

Ronald Carris dialed 911 from inside the trunk of his own car, whispering
his license plate number to the dispatcher so police could intercept his
kidnappers. Carris was able to identify “Deb” as one of his captors. The phone
line remained open while Carris suffered multiple blows from a brick. By the time
the police tracked the phone to Prospect Park, Carris was bleeding he... More...
   $0 (06-19-2016 - IA)

STATE OF IOWA vs. MARQUICE VERRON MORRIS

Christopher Byers was shot and killed in his living room while selling drugs
to Marquice Morris and Joshua McCoy. Two other men were present at the time
of the homicide: Tanner Harvey and Bobby Page, Byers’ friends. Who killed
Byers and why? According to Page, Morris and McCoy pulled out handguns
during the transaction for the purpose of robbing Byers; either Morris or McCo... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. JARROD DALE MAJORS

In July 2002, as a result of a home invasion, Majors was charged with
eleven counts: two counts of attempted murder, one count of first-degree
burglary while in possession of a firearm, three counts of assault while
participating in first-degree burglary while in possession of a firearm in a
weapons-free zone, three counts of going armed with intent, and two counts of
crim... More...
   $0 (06-18-2016 - IA)

 
 
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