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Iowa Assault Law
 
STATE OF IOWA vs. JESSICA EPPING

Jessica Epping appeals the district court’s entry of a five-year no-contact
order in favor of her three minor children following her guilty plea to one count of
child endangerment. She asserts that because she was involved in a separate
child-in-need-of-assistance case the court improperly issued the order in violation
of the provisions set forth in Iowa Code section 664A.5 (2... More...
   $0 (02-06-2016 - IA)

JESSE EDWARD BROWN vs. STATE OF IOWA

In January 2007, Jesse Brown was charged with first-degree kidnapping
and second-degree sexual abuse after he forced his estranged wife Michelle1
and others into Michelle’s vehicle and ordered her, at knife point, to drive around.
They eventually ended up at a motel, where Jesse had sexual intercourse with
Michelle. Trial in the matter was held in July 2007, and Jesse was ult... More...
   $0 (02-06-2016 - IA)

STATE OF IOWA vs. MARK WAYNE GEAR

Gear is an inmate at the Iowa State Penitentiary and was assigned to the
Multiple Care Unit due to his Huntington’s disease.1 Tasha Whalen is a
registered nurse who works at the penitentiary. On the morning of May 24, 2013,
Whalen was administering medications to patients in the unit when Gear refused
to take all but one of his medications. He requested a list of his medicat... More...
   $0 (02-06-2016 - IA)

STATE OF IOWA vs. NOELLE COURTNEY YOUNGBEAR

According to the minutes of evidence, on November 3, 2013, at about
4:00 a.m., Merona Jefferson (Merona) and Yolanda Hernandez got into a
physical altercation at a birthday party at the home of Barbara Lincoln in Tama
County. Merona contacted her friends, Youngbear, Maggi Walker-Morgan, and
Brandy Johnson. Gage Tyon stated the women asked him for the location of
Hernande... More...
   $0 (02-06-2016 - IA)

STATE OF IOWA vs. NATHAN DANIEL RONNAU

On the evening of July 1, 2013, A.M. went to a bar at the corner of East
Locust Street and Iowa Street in Davenport to meet a friend. She had five
alcoholic drinks at the bar and later left with Christopher McCray, whom she did
not previously know, just before closing time to go to his home and smoke
marijuana. Later, A.M. realized she had left her phone, keys, and cigarettes... More...
   $0 (02-06-2016 - IA)

United States of America v. Garrett Barton

Cedar Rapids, IA - Former Anamosa Correctional Officer Sentenced to Prison

A former Anamosa State Penitentiary correctional officer who smuggled contraband into the prison for prisoner use and illegally used controlled substances while possessing assault rifles on duty was sentenced to more than four years in federal prison.

Garrett Barton, age 29, from Anamosa, Iowa, received th... More...
   $7500 (02-03-2016 - IA)

STATE OF IOWA vs. ADAM CHRISTOPHER DAHL

Adam Dahl’s ex-girlfriend accused him of entering her home and assaulting her. She further complained that he entered her vehicle and took several items from the vehicle. The State charged Dahl with firstdegree burglary, third-degree burglary, and domestic abuse. See Iowa Code § 708.2A(1), .2A(3)(b) (2013); id. §§ 713.1, .3(1)(c), .6A(2). The district court appointed private counsel to represe... More...   $0 (01-25-2016 - IA)

STATE OF IOWA vs. ADAM CHRISTOPHER DAHL

Adam Dahl’s ex-girlfriend accused him of entering her home and assaulting her. She further complained that he entered her vehicle and took several items from the vehicle. The State charged Dahl with firstdegree burglary, third-degree burglary, and domestic abuse. See Iowa Code § 708.2A(1), .2A(3)(b) (2013); id. §§ 713.1, .3(1)(c), .6A(2). The district court appointed private counsel to represe... More...   $0 (01-22-2016 - IA)

STATE OF IOWA vs. KENT ANTHONY TYLER III

We recite the facts in the light most favorable to the State. State v. Neiderbach, 837 N.W.2d 180, 187 (Iowa 2013). On the night of August 24–25, 2013, a crowd of twenty to forty teenagers was gathered at an empty lot next to the Des Moines River in downtown Des Moines. They were drinking, dancing, and listening to music. About ten to fifteen cars were present. Some in the crowd were dancing ... More...   $0 (01-22-2016 - IA)

STATE OF IOWA vs. WALTER RAY NOREM

Dawn and Walter Norem1 were married and lived in rural Harris, Iowa.
Their two adult daughters both had residences about fourteen miles away in
Milford. Dawn worked in Milford as a dietary manager at a nursing center.
back injury prevented Norem from working. He also suffered from anxiety. In
early November 2012, Norem had been feeling increasingly anxious and was not
... More...
   $0 (01-13-2016 - IA)

STATE OF IOWA vs. DEANTAY DARELLE WILLIAMS

On June 10, 2012, Williams was seventeen years old.
On that day, at approximately 5:30 a.m., the Waterloo Police Department
received a call reporting a sexual assault. When officers responded, they met
with L.M., a fifteen-year-old girl. L.M. advised officers that she and her friend,
J.K., had voluntarily entered a home and began drinking with the occupants but
she beli... More...
   $0 (01-13-2016 - IA)

STATE OF IOWA vs. PAUL KENNETH HOWARD

Paul Howard was admitted to the emergency room of a Davenport
hospital for treatment of stab wounds he sustained after being accosted by three
men outside a bar. Howard did not cooperate with hospital personnel, including
nurse Caryn Clinton. The State eventually charged him with crimes arising from
his behaviors at the hospital. A jury found him guilty of assaulting a healt... More...
   $0 (01-10-2016 - IA)

United States v. Donald Boman

On November 2, 2013, Cedar Rapids Police Officers responded to a 911 call regarding a shooting. Once the officers arrived at the scene of the shooting, Officer Zach Jeffries spoke with Brown, who was walking across the street and “thought he had been shot.” After conducting a pat-down of Brown, Officer Jeffries determined Brown had not been shot nor did Brown have any weapons. Next, Officer Je... More...   $0 (01-07-2016 - IA)

State Of Iowa v. Robinson

In the early morning hours of October 8, 2011, Dubuque police received a complaint about screaming arising from an apartment. Police responded to the scene, heard screams from within the apartment, broke into the apartment from which the screams arose, and found the defendant, Robinson, and B.S. half-naked in the bedroom of the apartment. Police arrested Robinson. On October 12, the State charged... More...   $0 (01-06-2016 - IA)

DOUGLAS PAUL BEERY vs. STATE OF IOWA

Beery was convicted of first-degree murder and assault with intent to inflict serious injury. He was sentenced to life imprisonment. His conviction was affirmed, State v. Beery, No. 96-1187 (Iowa Ct. App. July 30, 1997), and
procedendo issued on October 15, 1997. Beery filed his first application for postconviction relief in April 1999. The
district court denied Beery’s claim that he... More...
   $0 (12-23-2015 - IA)

Melissa Slender v. Anthony Zane Blessum

Des Moines, IA - Woman Awarded $500,000 in damages against former lawyer and lover

Melissa Slender sued Anthony Zane Blessum on malpractice, breach of fiduciary trust, domestic assault, battery, outrageous conduct and intentional infliction of emotional distress theories. The Plaintiff, a former client of Defendant in a divorce action claimed that they entered into an unethical sexual re... More...
   $498562 (11-19-2015 - IA)

STATE OF IOWA vs. DANIEL LOGAN WALDEN

In this appeal, we must decide which statute of limitations governs a charge of kidnapping to commit sexual abuse of a minor under Iowa Code section 710.2 (2007), a class “A” felony with a mandatory sentence of life in prison. In 2014, a teenage girl reported the defendant had locked her in his bedroom and molested her eight years earlier when she was six years old. He was arrested the day after... More...   $0 (10-26-2015 - IA)

Shawn Wayne Whatley v. Warden, Ware State Prison

Shawn Wayne Whatley appeals the dismissal of his 42 U.S.C. § 1983 prison-conditions suit. His claims relate to a beating by prison staff, for which he was denied medical treatment. Although he submitted several prison grievances before suing, the District Court dismissed his suit for failure to exhaust the administrative remedies established by the prison. We reverse for two reasons: because the D... More...   $0 (09-21-2015 - IA)

KEELIN MARIE SHANNON vs. SCOTT ALAN BAUMGARTNER,

Scott and Keelin have a daughter in common; S.B. born in 2006. That
same year, Keelin suffered a head injury when she fell from the hood of Scott’s
moving car. Keelin and Scott offered the district court very different versions of
that incident, but they agreed Scott was not charged with any crime relating to
Keelin’s injury.
By 2014, the parties had a visitation schedul... More...
   $0 (08-19-2015 - IA)

Ambus Davis v. State of Iowa

Ambus Davis appeals the dismissal of his petition for postconviction relief.
Davis contends his counsel was ineffective for failing to argue that willful injury
could not be used as the predicate felony for the felony-murder rule. We affirm
on appeal by memorandum opinion pursuant to Iowa Court Rule 21.26(1)(a).
Davis was convicted of first-degree murder after a bench trial on
... More...
   $0 (08-05-2015 - IA)

United States v. Randy Patrie

Cedar Rapids, IA - Eighth Circuit affirms conviction of felon in possession of saw-off shotguns

Randy Patrie pled guilty to being a felon in possession of firearms and to
possession of sawed-off shotguns. At sentencing, the district court1 found (1) that
Patrie had committed first degree murder and thus that it would be appropriate to
apply the cross reference for murder, and ... More...
   $0 (07-27-2015 - IA)

State of Iowa v. Damion John Seats

A juvenile offender convicted of first-degree murder appeals his
resentencing to life in prison without the possibility of parole. In this
appeal, we determine the factors a court must use when it sentences a
juvenile offender for first-degree murder. Because the district court did
not have the benefit of this decision when it sentenced the juvenile, we
vacate the sentence and ... More...
   $0 (06-26-2015 - IA)

United States of America v. Kendan Fonville a/k/a Fudd

Cedar Rapids, IA - Kenneth Fonville pled guilty to illegally possessing a firearm in federal court in Cedar Rapids.

Kendan Fonville, also known as “Fudd,” age 22, from Cedar Rapids, Iowa, was convicted of one count of Possession of a Firearm by an Unlawful Drug User and one count of Possession of a Firearm with an Obliterated Serial Number.

In a plea agreement, Fonville admit... More...
   $0 (05-05-2015 - IA)

United States of America v. Cesar Toledo-Aguilar

A man who re-entered the United States following an aggravated felony conviction was sentenced on February 5, 2015, to 18 months’ in prison.

Cesar Toledo-Aguilar, age 33, from Mexico, received the prison term after a November 6, 2014, guilty plea to one count of illegal re-entry as an aggravated felon.

At the guilty plea, Toledo-Aguilar admitted he had re-entered the United Sta... More...
   $0 (02-09-2015 - IA)

United States of America v. Mark Harken

Cedar Rapids, IA - A man who unlawfully possessed three rifles, two handguns, and 161 rounds of ammunition was sentenced to nine years in federal prison.

Mark Harken, 32, from Aplington, Iowa, received the prison term after an August 29, 2014, guilty plea to one count of being a felon and unlawful user of methamphetamine in possession of firearms and ammunition.

At the guilty ple... More...
   $0 (01-20-2015 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. ISAIAH HENDERSON, Defendant-Appellant.

Isaiah Henderson appeals from the sentence imposed following his guilty plea for interference with official acts with a weapon, in violation of Iowa Code sections 902.3 and 902.9 (2013). We affirm, finding the district court did not abuse its discretion in imposing the sentence.
I. Background Facts and Proceedings.
Isaiah Henderson entered a plea of guilty to interference with official act... More...
   $0 (08-14-2014 - 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 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 concern... More...   $0 (08-13-2014 - IA)

In the Interest of B.M.

A mother appeals1 from the juvenile court’s order terminating her parental rights to her child, B.M., contending reasonable efforts to reunify the mother and child were not made, there was not clear and convincing evidence to support termination under Iowa Code section 232.116(1)(k) (2013), and termination was not in the best interest of the child. Despite years of intensive services offered to ... More...   $0 (08-13-2014 - IA)

In the Interest of C.C.

A father appeals from the order terminating his parental rights. Upon our de novo review, we affirm.
I. Background Facts and Proceedings.
J.C. is the father and A.A. is the mother of C.C., born in May 2012. The father has a long history of mental health, substance abuse, and alcohol abuse issues, as well as a history of violence and domestic abuse. The father is currently incarcerated, hav... More...
   $0 (08-13-2014 - IA)

State of Iowa v. Dontrayius Eugene Carey

Dontrayius Eugene Carey appeals the judgment and sentence entered upon his conviction of possession of a controlled substance, second offense, in violation of Iowa Code section 124.401(5) (2011). He contends the district court erred in denying his motion to suppress evidence seized during a pat-down search of his person because it violated his constitutional right to be free from unreasonable sear... More...   $0 (08-13-2014 - IA)

United States v. William Robison

On April 18, 2012, Cedar Rapids police officers responded to a report that a
shot had been fired at the residence of Laura Fluke, the mother of eighteen-year-old
William Robison. The officers interviewed individuals present at Fluke’s residence,
including Jenna Moser, and learned that Fluke had been assaulted by her boyfriend,
Shane Manley, on the front porch. Moser told the offi... More...
   $0 (07-22-2014 - IA)

United States v. Dwayne Frosch

Dwayne Richard Frosch appeals the revocation of his supervised release,
arguing only that the district court's factual 1 findings are clearly erroneous. We affirm
the judgment of the district court.
Frosch2 previously was convicted of Kidnapping and Mailing Threatening
Communications, in violation of 18 U.S.C. § 1201(a)(1) and 18 U.S.C. § 876(c). He
was sentenced to a term of... More...
   $0 (07-14-2014 - IA)

State of Iowa v. Thrmayne Latoine Thomas

We are asked to decide today whether substantial evidence supports the defendant’s convictions for possession of marijuana and crack cocaine with intent to deliver. After police entered an apartment occupied by several individuals, the defendant and one other person ran into the bedroom. The defendant tried to hold the bedroom door shut to prevent the police from entering. Eventually, an officer... More...   $0 (05-30-2014 - IA)

United States of America v. Benjaman Shelabarger

Benjaman Shelabarger, a thirty-six-year-old former resident of Dallas Center, Iowa, was sentenced by United States District Court Chief Judge James E. Gritzner to 210 months in prison on child pornography charges, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also ordered Shelabarger to serve five years of supervised release following the period of imprisonment.

Sh... More...
   $0 (02-25-2014 - IA)

United States of America v. Benjamin Shelabarger

On February 21, 2014, Benjaman Shelabarger, a thirty-six-year-old former resident of Dallas Center, Iowa, was sentenced by United States District Court Chief Judge James E. Gritzner to 210 months in prison on child pornography charges, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also ordered Shelabarger to serve five years of supervised release following the period of i... More...   $0 (02-25-2014 - IA)

Larry Dean White v. State of Iowa

In 2002, Larry Dean White was convicted of first-degree kidnapping, in violation of Iowa Code sections 710.1 and .2 (2001).1 White appeals the denial of his second application for postconviction relief, which he filed in January 2012. Because several claims in the application were time-barred, see Iowa Code § 822.3 (2011), and because we reject his claim that his sentence constitutes cruel and un... More...   $0 (02-05-2014 - IA)

State of Iowa v. Patrick Michael Dudley

Patrick Dudley appeals his judgment and sentence for two counts of second-degree sexual abuse. He raises several arguments in support of reversal, one of which we find dispositive: whether the district court abused its discretion in admitting a psychologist’s opinion that a child’s physical manifestations and symptoms “were consistent with a child dealing with sexual abuse trauma.”

... More...
   $0 (02-05-2014 - IA)

Dennis H. Hagenow v. Betty L. Schmidt

In this appeal, we revisit the doctrine of legal excuse and the sudden emergency defense, as applied to a rear-end collision the jury could have found was caused by defendant’s stroke and resulting partial loss of vision. Plaintiffs’ truck was stopped at a red light in good weather when it was struck by defendant’s car. Defendant saw the red light but denied seeing plaintiffs’ vehicle. At ... More...   $0 (02-12-2014 - IA)

Joshua N. Thomas v. Officers Tim Gavin, Chuck Tygart, Jess Bernhard and Adam Olson

While attending North Liberty Fun Days in 2007, the plaintiff alleges he was wrongfully assaulted and arrested by officers of the North Liberty Police Department and deputies of the Johnson County Sheriff’s Office. He filed suit against the City of North Liberty, Johnson County, and the officers and deputies involved. The district court dismissed his case, finding the defendants were entitled to... More...   $0 (11-04-2013 - IA)

 
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