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Iowa Assault Law
 
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)

STATE OF IOWA vs. YARVON NATHANIEL RUSSELL

Yarvon Russell appeals his judgment and sentence for second-degree
murder. He raises a number of issues, including a challenge to the sufficiency of
the evidence supporting the jury’s finding of guilt. We find this issue requires
reversal and remand for a new trial, but we also address an evidentiary issue that
may arise on retrial.
The jury was instructed that the Sta... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. JAMES ALON SHORTER,

James Shorter appeals his judgment and sentence for second-degree
murder. He raises a number of claims, including a challenge to the sufficiency of
the evidence supporting the jury’s finding of guilt. We find this issue dispositive.
The jury was instructed that the State would have to prove the following
elements of second-degree murder:
1. On or about August 25, 2013... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. JOSHUA FRANK MCCOY

Christopher Byers was shot and killed in his living room while selling
marijuana to Marquice Morris and Joshua McCoy. Tanner Harvey and Bobby
Page, Byers’ friends, were in the home at the time of the shooting. According to
Page, Morris and McCoy pulled out handguns during the transaction for the
purpose of robbing Byers; either Morris or McCoy fired a shot into the floor and ... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. ISAIAH RICHARD SWEET

On May 11, 2012, seventeen-year-old Isaiah Sweet shot and killed Richard and Janet Sweet. Richard and Janet had cared for Sweet since he was four years old, as his biological mother was unable to do so. Richard was Sweet’s biological grandfather. Richard and Janet had been married for thirty years. Sweet was arrested three days after the murder. After being given Miranda warnings, Sweet desc... More...   $0 (05-27-2016 - IA)

STATE OF IOWA vs. MARK ANTHONY JOHNSON

After his conviction for assault with intent to commit sexual abuse on
August 27, 2003, Johnson was required to register as a sex offender. In 2006,
2009, and 2014, Johnson was convicted of failing to comply with the registration
requirement. On October 20, 2014, Johnson registered his address as required.
On December 5, 2014, Johnson moved into his sister’s apartment—a diff... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. JOSE GUERRA-FLORES

Jose Guerra-Flores appeals his conviction for assault with intent to commit
sexual abuse. He argues insufficient evidence supports his conviction and the
district court erred in denying his motion to exclude evidence of the complaining
witness’s prior sexual history. While Guerra-Flores did not preserve error on his
insufficiency-of-the-evidence claim, we choose to address th... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. SHANEKA NASHEA ALEXANDER

On February 11, 2015, a jury found Alexander guilty of interference with
official acts inflicting bodily injury, an aggravated misdemeanor, and interference
with official acts, a simple misdemeanor. Both crimes constituted violations of
Iowa Code section 719.1 (2013).
Evidence presented by the State at trial established Alexander was
present when officers arrived at an ... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. JERRY RAY MATTHEWS

In 2008, Matthews and Natalie Baylark met and became romantically
involved. Over the next few years, Matthews and Baylark had two children
together and continued an on-again-off-again relationship. In the summer of
2013, Matthew and Baylark ended their relationship. In late December 2013,
Baylark allowed Matthews to stay in her apartment with the children for a week.
Ar... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BRENNA LYN BETTS

On December 12, 2012, Betts was observed speeding by Officer Rafe
Albers. By the time Officer Albers was able to catch up to her vehicle, Betts had
parked her car in the parking lot of her apartment complex and exited her vehicle.
When the officer told her that she had been speeding and he needed her
identification, Betts argued that he could not cite her for speeding because... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. AARON LU CHRISP

Following his conviction for operating while intoxicated, second offense, in
violation of Iowa Code section 321J.2(2)(b) (2013), Aaron Chrisp appeals,
asserting the district court erred in denying his motion to suppress. We review
his constitutional claim de novo. State v Freeman, 705 N.W.2d 293, 297 (Iowa
2005).
A police officer stopped the vehicle Chrisp was driving b... More...
   $0 (05-13-2016 - IA)

RICHARD JOHN SIEMER JR. vs. STATE OF IOWA

Richard Siemer appeals from the summary dismissal of his second
application for postconviction relief (PCR) in which he asserts his plea counsel
was ineffective. We affirm the district court’s dismissal finding no merit in
Siemer’s claims.
In this appeal, Siemer contends his prior PCR application addressed a
different conviction, which he can challenge here because prior... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. WOODROW HALL

An early March snowstorm idled the four-member crew from Tri-State
Tower, who had traveled to Waverly to perform cell tower maintenance. Instead
of working, for most of the afternoon and evening of March 4, 2014, Brandon
Probus, Jared Kalkbrenner, Codie Dugan, and Ty Spitzner stayed in their rooms
at the Red Fox Inn or drank and played pool at the Happy Hour Pub. The pub’s More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. ZACHERY THOMAS BUTRICK

The facts underlying Butrick’s convictions are not at issue. Briefly stated,
Butrick kicked his girlfriend’s four-year-old son in the face after the child was
disobedient. When the girlfriend tried to intervene, Butrick pushed her into a wall.
He then choked her, hit her in the face, and threatened to slit her throat with a
knife in front of the child. During the altercatio... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. TOBY RYAN RICHARDS

On February 2, 2013, Poell was visiting Richards at his mother’s house in Davenport, where Richards lived. Both Poell and Richards were napping, Poell in bed and Richards on a couch in the same room. Beyond those facts, however, accounts of the day’s events diverge significantly.
3
A. Poell’s Testimony. According to Poell, she awoke to discover a message on her cell phone from anoth... More...
   $0 (05-09-2016 - IA)

STATE OF IOWA vs. JOSEPH ROBERT JOYCE, JR.

On March 4, 2013, an altercation between Joyce and Kiya Ferguson took
place in the residence Ferguson was occupying. Both testified they had been
residing together and believed that Ferguson was pregnant with Joyce’s child.
They had separated in December as the result of a no-contact order. When
Joyce arrived at Ferguson’s apartment is a matter of dispute. Ferguson testified... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. NATHANIEL CUMMINGS

On March 20, 2014, Cummings spent the night in Waverly at the home
belonging to the mother of his two children, Shelby Miller. The next morning after
getting herself and the children ready for the day, Miller woke up Cummings,
telling him he needed to find a ride back to his home in Waterloo. Cummings told
Miller she needed to take him home, but she informed him she did not h... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. TIMOTHY MICHAEL BASQUIN

Sally Hayward testified that on the afternoon of May 12, 2014, she
returned to Timothy Basquin’s residence to find a note on the counter accusing
her of lying, cheating, and stealing. Hayward confronted Basquin about the note,
and both parties agree that an argument followed.
Shortly thereafter, Hayward went to the sheriff’s department, where
Deputy Tim Petersen observ... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. DANIEL BRATCHER

Daniel Bratcher appeals his conviction and sentence for assault with intent
to commit sexual abuse, an aggravated misdemeanor, in violation of Iowa Code
section 709.11 (2013). Bratcher maintains the district court abused its discretion
by allowing a uniformed jailer to accompany him into chambers each time a
prospective juror was individually questioned because it suggested he... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. JACOBIE MONTEZ KENNEDY

Jacobie Kennedy appeals from his conviction of domestic abuse assault
causing bodily injury, contending the trial court erred in allowing hearsay
testimony by medical personnel that he caused injury to the victim because the
victim later recanted her statements given to medical personnel. He also asserts
there is insufficient evidence he caused bodily injury, and the verdict w... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. JOSHUA BRUCE MATHES

At approximately 2:45 a.m. on October 1, 2013, Des Moines police officer
Greg Trimble was flagged down by a naked woman, later identified as M.C. As
Officer Trimble approached her, he “could see that it looked like she’d been
assaulted.” Trimble called for backup. One of the responding officers, Officer
Natalie Licht, arrived to find Officer Trimble talking with M.C. M.C. w... More...
   $0 (04-28-2016 - IA)

DEVALS NELSON vs. STATE OF IOWA

The background facts for Nelson’s convictions of first-degree murder,
willful injury resulting in serious injury, and assault causing bodily injury are set
out in our opinion from Nelson’s original appeal:
On the evening of November 20, 2004, Alvern Kensinger was spending some time with his fiancé, Lisa Taylor. At some point, Kensinger received a telephone call from Stephen Tolive... More...
   $0 (04-28-2016 - IA)

ANGEL GARCIA-MIRANDAvs. STATE OF IOWA

A mother found her two young daughters severely beaten in their home;
the older daughter died from her injuries. The State charged Angel Garcia
Miranda with murder in the first degree, attempted murder, willful injury, and child
endangerment, and the case proceeded to trial. On the murder count, the jury
was instructed the State would have to prove Garcia-Miranda either: (a) “... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. DONALD JAMES HILL

In 2010, Donald James Hill was convicted of burglary in the third degree and assault with intent to commit sexual abuse and sentenced to prison. He was required to register as a sex offender. Hill was paroled on June 6, 2013. As a condition of his parole, he was required to wear an ankle bracelet with a GPS monitor. On August 4, 2014, Hill reported to the Iowa Sex Offender Registry that he was... More...   $0 (04-23-2016 - IA)

United States of America v. Randy Metcalf

Jury Finds Man Guilty Of Racially Motivated Hate Crime


A man who stomped on and kicked the head of an African American man because of the victim’s race was convicted by a jury, after a three-day trial in federal court in Cedar Rapids.

Randy Metcalf, age 40, from Dubuque, Iowa, was convicted of one count of committing a federal hate crime. The verdict was returned following ... More...
   $0 (03-31-2016 - IA)

NICK C. RHOADES vs. STATE OF IOWA

Nicholas Rhodes was HIV positive when he came in contact with A.P. on a social networking site. After exchanging messages, A.P invited Rhoades to his home. A.P. understood Rhoades to be HIV negative, in part because of Rhoades’s online profile. Rhoades and A.P. engaged in consensual unprotected oral and protected anal sex at A.P.’s home. When A.P. learned that Rhoades was HIV positive, he cont... More...   $0 (04-15-2016 - IA)

State of Iowa v. Kenneth Osborne Ary

A defendant appealed his conviction following a jury trial on three counts of delivery of a controlled substance in violation of Iowa Code section 124.401(1)(c)(3) (2013). We transferred the case to the court of appeals. The court of appeals reversed the conviction on the ground the defendant’s constitutional right to a fair trial by an impartial jury was violated when he was convicted by jurors w... More...   $0 (04-09-2016 - IA)

STATE OF IOWA vs. ANTONIO JOSE COOKS

The minutes of testimony state on June 22, 2014, at about 1:55 a.m., in
the parking lot of a bar in Muscatine, Cooks backed up his van and almost struck
Jose Izaguirre. Izaguirre put his foot up and struck the back of the van. Cooks
got out of the van and hit Izaguirre in the eye, causing an orbital fracture and
vision impairment. Ted Dickey, who was employed by the bar, tol... More...
   $0 (04-07-2016 - IA)

 
 
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