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Iowa Assault Law
 

STATE OF IOWA vs. ANTONIO R. GANTT

The State filed a trial information charging Gantt with burglary in the first
degree, in violation of Iowa Code sections 713.1 and 713.3 (2015), assault while
participating in a felony, in violation of section 708.3, and criminal mischief in the
second degree, in violation of sections 716.1 and 716.4, following allegations that
he attacked an occupied vehicle with a baseball ba... More...
   $0 (02-23-2017 - IA)

STATE OF IOWA vs. DARWIN ANGELO JONES SR.,

Darwin Jones appeals his sentence for second-degree harassment. He
contends the district court abused its discretion in sentencing him to twenty days
in jail rather than granting him probation as he requested. See State v. Seats,
865 N.W.2d 545, 552 (Iowa 2015) (setting forth standard of review).
The State requested a thirty-day jail sentence. In imposing a twenty-day <... More...
   $0 (02-22-2017 - IA)

STATE OF IOWA vs. TONY WANGMENG LEE

Lee went to Laos in 2010 to meet and marry M.V. When Lee brought
M.V. to the United States in June 2011, Lee’s former wife, O.L.,2 was still living
with him and was pregnant with his child. M.V. did not speak, read, or write
English and had no relatives in the United States.
In April 2012, M.V. called police and reported Lee had beaten her. Lee
was arrested, and M.V... More...
   $0 (02-22-2017 - IA)

STATE OF IOWA vs. THOMAS JAY DOWNER

Thomas Downer appeals the judgment and sentence entered after he pled
guilty to first-degree harassment. He argues his trial counsel was ineffective in
failing to object to a discussion of unproven crimes of domestic violence during
the victim’s impact statement at the sentencing hearing. We review his claim de
novo. See State v. Clay, 824 N.W.2d 488, 494 (Iowa 2012).
... More...
   $0 (02-11-2017 - IA)

JEREMY MICHAEL GIBLER vs. STATE OF IOWA

On December 17, 2009, Gibler and David Maddox went for a drive
accompanied by another gentleman, who became their victim. Gibler was in the
backseat, Maddox was driving, and the victim was in the front-passenger seat.
Maddox drove to the banks of the Missouri River where he stopped. Gibler
struck the victim on the back of the head, and Maddox pulled him out of the car.
... More...
   $0 (02-10-2017 - IA)

RICK PETRO vs. STATE OF IOWA

In August 2009, Petro was arrested and charged with domestic abuse
assault causing bodily injury. It was alleged Petro had assaulted his wife in front
of their two children. As a result, DHS became involved with the family and a
founded child abuse assessment—for denial of critical care—resulted. The State
filed petitions alleging the children were children in need of assis... More...
   $0 (02-10-2017 - IA)

STATE OF IOWA vs. THOMAS AARON INGRAM,

Sex Offender

In September 2014, the State filed a trial information charging Ingram with
two counts of sexual abuse in the third degree, two counts of lascivious acts with
a child, and two counts of indecent contact with a child, stemming from
allegations Ingram sexually abused his twelve-year-old step-daughter on July 11
and August 29, 2014. Prior to trial, the State dismissed the two cou... More...
   $0 (02-10-2017 - IA)

STATE OF IOWA vs. WESLEY ADAM WESTMORELAND

Sex Offender

The charges and convictions in this matter stem from the allegation that
Westmoreland sexually abused a minor, A.C., over a period of approximately five
years. Westmoreland lived with A.C.’s family over the five-year period. A.C.
testified the abuse began when A.C. was about ten years old. A.C. stated initially
Westmoreland would come into the living room where A.C. and thre... More...
   $0 (02-10-2017 - IA)

  STATE OF IOWA vs. AUSTIN LEE MURRAY

Austin Murray appeals his sentence following his guilty plea to lascivious
acts with a child, in violation of Iowa Code section 709.8(1) (2015). Murray
claims the district court abused its discretion in sentencing him without giving
proper consideration to his individual characteristics.
On August 25, 2015, the State charged Murray with two counts of sexual
abuse in th... More...
   $0 (01-26-2017 - IA)

STATE OF IOWA vs. ZACHARY SCOTT VULICH

Sex Offender

On November 12, 2013, the complaining witness, who was sixteen years
old at the time, went to Vulich’s house with her older sister. After they arrived,
the complaining witness played games on her phone while her older sister talked
with Vulich. A short time later, the three were in the basement, and Vulich made
sexually-suggestive comments to the complaining witness, includin... More...
   $0 (01-26-2017 - IA)

STATE OF IOWA vs. STEVEN REICHARD BOCKERT

Steven Bockert entered a written Alford plea of guilty to domestic abuse
assault enhanced, in violation of Iowa Code sections 708.1 and .2A(3)(b) (2013).
On appeal, he claims his plea counsel was ineffective in failing to inform him of
the minimum and maximum punishments for the criminal offense. See Iowa R.
Crim. P. 2.8(2)(b).
“We review claims of ineffective assistanc... More...
   $0 (01-25-2017 - IA)

United States of America v. Theodore Cooke

Davenport, IA - Davenport Man Sentenced for Possessing a Molotov Cocktail

Theodore Cooke, 48, of Davenport, Iowa, was sentenced to 60 months in prison for Felon in Possession of an Unregistered Firearm. Cooke was ordered to serve three years of supervised release following his prison term and to pay $100 to the Crime Victims’ Fund.

Cooke pleaded guilty to Felon in Possession of ... More...
   $0 (01-01-2017 - IA)

STATE OF IOWA vs. KATIE JO BENNETT

Katie Jo Bennett challenges her conviction for assault causing bodily
injury following a nonjury trial. After hearing two prosecution witnesses and two
defense witnesses, the district court decided the State proved beyond a
reasonable doubt that Bennett punched Deanna Dunning in the eye, causing
swelling and bruising. Bennett denies leveling the blow and faults the district <... More...
   $0 (12-23-2016 - IA)

STATE OF IOWA vs. TRACY ADAM THOMPSON

In July 2015, Thompson was charged by trial information with domestic
abuse assault causing bodily injury.
On September 29, 2015 Thompson signed a written guilty plea. The plea
included an agreement that Thompson would be sentenced to two years’
incarceration, with all but 220 days suspended, and he would receive credit for
time already served. Additionally, he would re... More...
   $0 (12-23-2016 - IA)

STATE OF IOWA vs. GREGORY DANIEL HUDSON

On the night of April 30, 2014, Hudson and his fiancé were at Prairie
Meadows Racetrack and Casino. At some point, the two engaged in a heated
discussion that drew the attention of Prairie Meadows security guards. On that
night, a Polk County Sheriff’s Deputy was working off-duty security at Prairie
Meadows. The deputy noticed the discussion and walked over to see what was <... More...
   $0 (12-21-2016 - IA)

CHRISTOPHER L. MCAFEE vs. STATE OF IOWA

McAfee was found guilty of invasion of privacy—nudity—and simple
assault. See State v. McAfee, No. 13-0268, 2014 WL 1494901, at *1 (Iowa Ct.
App. Apr. 16, 2014). On direct appeal, this court addressed McAfee’s challenge
to the sufficiency of the evidence supporting the district court’s findings of fact
and his contention that the district court should have read its decision i... More...
   $0 (12-21-2016 - IA)

CASEY LEE PINEGAR vs. STATE OF IOWA

Pinegar first alleges his trial counsel was ineffective for failing to produce
Christine Chase to testify at trial on Pinegar’s behalf and appellate counsel was
ineffective for failing to claim the same on appeal. In the case underlying
Pinegar’s PCR application, Pinegar was convicted following a jury trial of delivery
of methamphetamine. See Pinegar, 2013 WL 5229766, at *1. ... More...
   $0 (12-21-2016 - IA)

JAMIE LEE COLE vs. STATE OF IOWA

Jamie Lee Cole appeals the denial of his application for postconviction
relief. In his application, Cole raised two separate claims of ineffective
assistance of counsel: the first related to his guilty plea to assault with intent to
commit sexual abuse in 2004 (FECR 0055913); and the second related to his
guilty plea to domestic abuse assault with injury in 2012 (SRCR 008538)... More...
   $0 (12-21-2016 - IA)

STATE OF IOWA vs. NAPOLEON MBONYUNKIZA

Sex Offender

D.B., a mentally and physically incapacitated woman living at a Des
Moines-area group home, was treated at Mercy Hospital for weight loss, gagging,
and digestive issues. It was discovered D.B. was twenty weeks pregnant. The
pregnancy was terminated per the direction of D.B.’s guardian. Police sought
DNA samples of all males with access to D.B., including Mbonyunkiza, a
... More...
   $0 (12-21-2016 - IA)

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)

 
 
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