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Iowa Assault Law
 

United States of America v. Ted Howard Fulk

Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Defendant Ted Howard Fulk pleaded guilty to one count of failure to register
as a sex offender in violation of 18 U.S.C. § 2250, his fourth conviction related to
registry requirements. The district court 1 sentenced him to thirty-seven months’
imprisonment and ten years’ supervised release. His supervised release includes a
special condition requiring court approval before travelin... More...
   $0 (01-18-2018 - IA)

BRANDY LEE COLEMAN f/k/a BRANDY LEE JOHNSON vs. STATE OF IOWA

Brandy Coleman appeals the district court’s denial of her postconviction
relief (PCR) application. She contends the district court erred in denying her
application because the indeterminate fifty-year prison sentence entered upon
her conviction amounts to cruel and unusual punishment in violation of the United
States and Iowa Constitutions.1
In 1996, a jury found Colema... More...
   $0 (01-13-2018 - IA)

MARK ALLAN BITZAN vs. STATE OF IOWA

Casper man convicted of rape again

A college student on her way home for winter break stopped at a rest area
in Monona County, Iowa. A man in the women’s restroom accosted her, forcibly
moved her to the handicapped stall, threatened her with a pocket knife, and raped
her.
A jury found Mark Bitzan guilty of first-degree kidnapping.1 This court
affirmed his judgment and sentence of life in prison. See S... More...
   $0 (01-12-2018 - IA)

STATE OF IOWA vs. NASSER MUHAMED SAHIR

Nasser Muhamed Sahir - Sex Offender in Waterloo, IA

In 2012, T.O.C. (born 1996) was living with her mother and Sahir. One
evening, Sahir came into T.O.C.’s bedroom while she was in bed and told her
“there’s things [she] can do to make [herself] feel better so [she’s] not so mad and
so [she doesn’t] go have sex.” Sahir put his hand on her, put his hand into her
pants, and penetrated her vagina with his fingers, “moving them in ... More...
   $0 (01-12-2018 - IA)

STATE OF IOWA vs. JUAN CARLOS NINO HERNANDEZ

K-9 OK after after drunken man rams parked squad car, police say

Des Moines Police Sergeant Ronald Kouski had just stepped into QuikTrip
for a hot dog when he “heard a loud screeching noise and then a loud collision.”
Kouski worked as a canine officer and his German Shepard partner was waiting in
the 2009 Crown Victoria. The officer looked out the store’s front window and
discovered a red pickup had struck his patrol car, pushing it across... More...
   $0 (01-12-2018 - IA)

JAY MICHAEL HARKLESS vs. STATE OF IOWA

Robber of multiple Cedar Valley banks goes to prison

In 2011, Jay Harkless pled guilty to second-degree robbery.1 He did not
appeal. In 2016, Harkless filed an application for postconviction relief (PCR),
claiming his sentence “exceeds the maximum authorized by law” under “House
File 2064 and its newly defined parameters” of robbery. See 2016 Iowa Acts ch.
1104, § 4 (codified at Iowa Code § 711.3A(1)-(2) (2017)) (providing for... More...
   $0 (12-25-2017 - IA)

ANTONIO MONTE GIAMBO II vs. STATE OF IOWA

Assault with intent to commit sexual abuse

With the jury waiting, Antonio Giambo II entered a plea agreement with the
State that reduced his charge from third-degree sexual abuse, a class “D” felony,
to assault with intent to commit sexual abuse, an aggravated misdemeanor.
Following his guilty plea and sentencing, he unsuccessfully applied for
postconviction relief (PCR) as a self-represented litigant.
Giambo n... More...
   $0 (12-25-2017 - IA)

STATE OF IOWA vs. MARK BERNARD RETTERATH

According to the prosecution’s theory, Retterath was reenacting a
murderous plotline from an episode of Breaking Bad1 as he solicited associates
Aaron Sellers and J.R. to exact revenge against C.L., the young man who accused
Retterath of sexual abuse. The accusations of sexual abuse surfaced in January 2015, but the events
dated back more than ten years. As a young teenager,... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. RICKY KEASLING

Jury returns guilty verdict in Keasling trial

Darrell Teeter was murdered on August 11, 2014, at the same location
where he lived and worked, the Main Street Bait Shop in downtown Eldon. The
bait shop was in the front of the building, and Teeter’s residence was in the back.
Teeter had been ill and undergoing dialysis a few days a week, and he had been
prescribed hydrocodone for chronic pain.
A few days prior to hi... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. BLAKE ALLEN HUFFMAN

Iowa Court of Appeals

Blake Huffman was convicted of five counts of second-degree sexual
abuse, one count of third-degree sexual abuse, and one count of assault with
intent to commit sexual abuse, as a result of events occurring when he was a
juvenile and involving two, juvenile complaining witnesses. See State v.
Huffman, No. 14-1143, 2015 WL 5278980, at *1 (Iowa Ct. App. Sep. 10, 2015).
Thi... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. RICHARD GENE SHAWHAN

Man jailed for busting head open with bat

On December 21, 2014, Shawhan did not return to the Fort Des Moines
residential correctional facility. At that time, Butts and Kimberly Goemaat-Clark
(Clark) were living together in an apartment and were allowing Brian Mabrier and
Nicole Martin to stay with them. While on escape status, Shawhan occasionally
stayed with Butts and Clark.
On December 26, Butts, Clark, Ma... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. DON N. FRANKLIN

Iowa Court of Appeals

Viewing the evidence in the light most favorable to the State, the record
shows the following. On July 23, 2015, Franklin and a friend were sitting at a bar
in Dubuque. The friend was smoking a cigarette inside the bar, which is
prohibited. The owner of the bar, David Lorenz, walked up to the friend, took the
cigarette, and threw it out. A verbal argument between the owner,... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. ERIC CORTEZ SALLIS

A jury found Eric Sallis guilty of domestic abuse assault with intent to cause
serious injury, in violation of Iowa Code section 708.2A(2)(c) (2016), and domestic
abuse assault causing bodily injury, in violation of section 708.2A(2)(b). The
district court sentenced Sallis to two years’ incarceration. Sallis appeals his
convictions, contending the district court committed evi... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. JEREMY JERMAINE JOHNSON

Jeremy Johnson, in two cases, entered a written plea of guilt of
aggravated misdemeanor assault with intent to commit sexual abuse, in violation
of Iowa Code sections 709.1 and 709.11(3) (2015).
This court reviews guilty pleas for correction of errors at law. State v.
Fisher, 877 N.W.2d 676, 680 (Iowa 2016).1
On appeal, Johnson contends he was not adequately advised p... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. DARRYL B. SHEARS

Iowa Court of Appeals

In this appeal of a restitution order, we are asked to resolve whether it is
foreseeable that police officers would end a high-speed chase of the van driven by
Darryl Shears by hitting his van with their police vehicles. Because we find such
actions foreseeable, we affirm the restitution order.
On February 11, 2016, the City of Davenport filed a restitution claim for More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. CHRISTOPHER L. KING

Iowa Court of Appeals

The case was tried to a jury, which found King guilty of the above-stated
offenses but found him not guilty of two other counts, dissemination of obscene
material and indecent exposure. The offense conduct at issue took place between
June 2013 and February 2015. Each of the offenses involved a different victim.
The four victims, K.R., R.F., A.O., and A.B., were teenage girls... More...
   $0 (12-06-2017 - IA)

MICHAEL JEFFERSON vs. IOWA DISTRICT COURT FOR SCOTT COUNTY

Sexual Assault

Michael Jefferson pled guilty to a charge of sexual abuse in the third degree.
The charge was based on a sexual assault of a fourteen-year-old female when he
was twenty-one years old. There was some procedural confusion prior to
sentencing that is not relevant to this proceeding, but eventually, on November 13,
2008, Jefferson was sentenced to ten years in prison and the spec... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. MARTEZ DEROY SMITH

Jury convicts Martez Smith of murder

On November 25, 2014, Shawonyta Norman visited his sister, Latres
Johnson, at the home she shared with her boyfriend Martez Smith. At one point
in the afternoon, Johnson was putting up a baby gate to confine her two dogs when
Smith yelled at her and pushed her into the baby gate. She fell into the gate,
breaking it, and sustaining cuts on her ankle, arm, and neck. Soon after... More...
   $0 (12-06-2017 - IA)

DAVID ALLAN LAHMANN vs. STATE OF IOWA

Iowa Court of Appeals

Lahmann shot two rescue flares in front of a crop-dusting plane as it flew
over his property because he believed the plane was scaring his horses. The State
charged Lahmann with intimidation with a dangerous weapon. Before trial,
Lahmann was offered a plea agreement for a suspended sentence, which he
rejected, and the case proceeded to trial.
When discussing the jury ... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. DENNIS DEAN CHINBERG

On March 6, 2016, Chinberg, along with his adult son, Colt, and other
acquaintances, went to the house of Tom Talsma to confront Talsma about
Talsma’s treatment of Chinberg’s grandson. An altercation ensued, and Talsma
was seriously injured in the fight.
Charges were brought against Chinberg and others, and the matter
proceeded to a jury trial against Chinberg in Septe... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. KEITH MECO COLLINS

Teen charged with murder in Friday shooting

On November 7, 2016, police officers discovered the dead body of Aaron
McHenry with multiple gunshot wounds to the shoulder, arm, chest, and head. The
shooting occurred on a dead-end street at the twenty-six hundredth block of
Hickman Lane in Des Moines, Iowa.
Following the shooting and after finding a cell phone connecting Collins to
the murder, the police presented a s... More...
   $0 (11-23-2017 - IA)

State of Iowa v. Brian Patrick Clemens

Iowa Supreme Court

What is a “criminal case”? Today, we are asked to answer this seemingly simple question in the context of Iowa’s recently enacted expungement law. That law mandates expungement of the record when “[t]he criminal case contains one or more criminal charges in which an acquittal was entered for all criminal charges, or in which all criminal charges were otherwise dismissed.” Iowa Code § 901C.2(1)(a)(... More...   $0 (10-27-2017 - IA)

Jason Cannon v. Bodensteiner Implement Company, et al.

Iowa Supreme Court

In this case, we must decide if the hearing conducted by the district court to determine if a juvenile offender should be sentenced to a minimum term of incarceration without eligibility for parole complied with constitutional safeguards. We conclude it did not. We vacate the decision of the court of appeals, reverse the sentence of the district court, and remand for resentencing.
I. Backgroun... More...
   $0 (10-27-2017 - IA)

STATE OF IOWA vs. ALEJANDRO ANDRES LIRA

Iowa Supreme Court

Lira and Michael Dewispelaere were associated drug dealers in the Quad
Cities area. Dewispelaere would sell drugs to Lira, and Lira would repay him with
cash or different drugs. Late in July 2015, Dewispelaere gave Lira two pounds of
marijuana. Lira did not pay the full purchase price at the time of the exchange
and was expected to pay about $5000 to Dewispelaere when Lira s... More...
   $0 (10-31-2017 - IA)

STATE OF IOWA vs. RYAN LEE MARKLEY

SEXUAL ABUSE 2ND DEGREE

Markley contends his trial counsel was ineffective in allowing him to plead
guilty without a factual basis for his pleas. We review these claims de novo. See
State v. Rodriguez, 804 N.W.2d 844, 848 (Iowa 2011). To prove ineffective
assistance, Markley must demonstrate “(1) his trial counsel failed to perform an
essential duty, and (2) this failure resulted in prejudice.” St... More...
   $0 (10-31-2017 - IA)

STATE OF IOWA vs. BRIAN PATRICK CLEMENS

Iowa Supreme Court

On the afternoon of May 21, 2011, L.P. informed Oskaloosa police that Clemens had been in a physical altercation with her and had threatened her. L.P. also reported seeing a handgun in the center console of Clemens’s truck. Clemens left the scene before police arrived. Based on a law enforcement bulletin, the Iowa State Patrol located Clemens outside of his hometown of Ottumwa. At that time, h... More...   $0 (10-31-2017 - IA)

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)

 
 
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