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Iowa Assault Law
 
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)

STATE OF IOWA vs. WILLIS CHRISTOPHER DAVIS JR.

Willis Davis Jr. assaulted his live-in girlfriend as she struggled to leave
during an argument in May 2015. A neighbor called the police. When arrested,
Davis told the police he was “just wrestling around” with his girlfriend. The State
originally charged Davis with domestic abuse assault causing injury—third
offense. After plea negotiations, Davis accepted the State’s offe... More...
   $0 (04-07-2016 - IA)

STATE OF IOWA vs. RICKY LEE ESTLUND

On May 4, 2015, Estlund was charged with domestic abuse assault
causing bodily injury, third or subsequent offense, in violation of Iowa Code
sections 708.1(1), 708.2A(5), and 708.2A(4) (2015). Pursuant to a plea
agreement, the State amended the trial information to allege one count of
domestic abuse assault causing bodily injury (count 1), in violation of Iowa Code
secti... More...
   $0 (04-07-2016 - IA)

STATE OF IOWA vs. FELICIA MAE WILSON, a/k/a FELICIA MAE KLEIN

On December 15, 2014, Wilson went to the Buchanan County Sheriff’s
Office and reported Chad Knight assaulted her the night before and she was
scared to return to their residence. She added Knight had assaulted her two
days earlier as well. As a result, Knight was arrested for domestic abuse assault.
On December 22, 2014, Wilson returned and filed a statement wherein she More...
   $0 (04-07-2016 - IA)

STATE OF IOWA vs. JAMES NORMAN HARRIS

Chance Niles was playing pool with Harris at the Dive Bar in Sioux City
when an argument began between the two. The bartender, John Nguyen, told
the men that the bar was closing and ordered them to leave. The bartender had
Harris leave the bar first. The bartender had Niles stay in the bar for
approximately five minutes before having him leave. As Niles left the building, <... More...
   $0 (04-07-2016 - IA)

STATE OF IOWA vs. FERMANI J. MALDONADO

Fermani Maldonado challenges his convictions for robbery in the first
degree, burglary in the first degree, and assault with intent to inflict serious injury.
He argues the State failed to prove his participation in these crimes amounted to
aiding and abetting or joint criminal conduct. Because the jury could have
reasonably concluded from the State’s proof that Maldonado dis... More...
   $0 (04-06-2016 - IA)

WYATT CHANDLER JOHNSON vs. STATE OF IOWA

On April 28, 2009, two groups of young men—affiliated with two separate
gangs—met at a park in Waterloo to fight out their differences. Johnson was not
a member of either gang but went to the park to watch the fight. Ultimately,
Johnson, who was armed with a knife, became involved in the altercation. Two
individuals, Steven Perry and Bryce Smith, were stabbed during the cour... More...
   $0 (04-06-2016 - IA)

GEORGE VANTRECE vs. STATE OF IOWA

George Vantrece pled guilty to four counts of delivery of a controlled
substance. The district court sentenced him to ten-year indeterminate prison
terms on each count but ran one of the terms “concurrent with the other three,”
resulting in an indeterminate term of thirty years “with the mandatory minimums
that are applicable.”
Vantrece’s direct appeal was dismissed as ... More...
   $0 (04-06-2016 - IA)

STATE OF IOWA vs. JASON GERALD BILLINGS

Jason Billings appeals following his Alford1 plea to domestic abuse assault
impeding breathing or circulation causing bodily injury, with a habitual offender
enhancement, in violation of Iowa Code sections 236.2(2), 708.2A(1), 708.2A(5),
902.8, and 902.9 (2015). He claims his attorney was ineffective in permitting him
to plead guilty to the charges when there was not a factual... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA vs. JOHN WILLIAM NESS

On April 3, 2014, at 7:29 p.m., an employee from the Tobacco Hut called
local police and reported that approximately three minutes earlier, a patron had
attempted to purchase alcohol at their drive-through and had hit the building.
The employees refused to sell the man alcohol and he drove away. As he did
so, the man had “peeled out” of the driveway. The reporting employee wa... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA vs. KENNETH CARY CLARK

At approximately 9:30 a.m. on Saturday, April 19, 2014, Clark met up with
a friend in the alley behind Clark’s apartment. Clark shared the apartment with
his ex-wife, Nickole Butler,2 whose current husband was in prison. Clark and his
friend spent “a couple of hours” in the alley drinking from a pint of Hennessy
cognac before relocating to a nearby barbershop, where they cont... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA vs. STEVEN FRANCIS SCARLETT

Scarlett and M.H. met through a mutual friend in January 2014. Scarlett
initiated a romantic relationship with M.H. through text messaging, and the two
met for a first date on February 15. M.H. testified the relationship “got very
serious very quickly.” Scarlett moved “all of his stuff” to M.H.’s apartment “that
first night” and spent his nights there in the subsequent week.... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA vs. MARK EUGENE ROBINSON

The jury could have found the following facts from the State’s evidence
presented at trial. On the evening of January 1, 2014, Mark Robinson drove
away in a Ford Taurus that the owner had left idling in the Forest Mart parking lot
on University Avenue in Des Moines. About half an hour later, Robinson entered
the Kum & Go on Hickman Road and asked the clerk working behind the ... More...
   $0 (03-19-2016 - IA)

United States of America v. Willie Hampton

Rapid City, IA - Felon in Possession of a Firearm Goes to Prison

A man with a prior felony and misdemeanor domestic abuse conviction was sentenced to nearly three years in federal prison.

Willie Hampton, age 56, from Cedar Rapids, Iowa, received the prison term after entering a guilty plea on December 2, 2015, to being a prohibited person in possession of a firearm. He was prohi... More...
   $0 (03-02-2016 - IA)

STATE OF IOWA vs. MARK EUGENE ROBINSON

The jury could have found the following facts from the State’s evidence
presented at trial. On the evening of January 1, 2014, Mark Robinson drove
away in a Ford Taurus that the owner had left idling in the Forest Mart parking lot
on University Avenue in Des Moines. About half an hour later, Robinson entered
the Kum & Go on Hickman Road and asked the clerk working behind the ... More...
   $0 (03-11-2016 - IA)

STATE OF IOWA vs. TRENT D. SMITH

On June 9, 2012, at 1:03 a.m., the Black Hawk county emergency call center received a 911 call from M.D. She gave her address and said, “Just get here, thank you, please!” A short time later, M.D.’s mother called the center on a nonemergency line. She told the phone operator that M.D. asked her to call the police to report that Trent Smith had threatened M.D. and that M.D. was afraid of him. ... More...   $0 (03-06-2016 - IA)

STATE OF IOWA vs. DONALD BENJAMIN EARL REED

In this appeal, we review a twenty-seven-year-old defendant’schallenges to his sentence of up to 100 years for drug dealing, child endangerment, and possession of firearms. The jury found the defendant guilty on those offenses, which he committed as an adult. The firearm conviction automatically doubled the sentence for his cocaine offense from twenty-five to fifty years. The district court had... More...   $0 (02-26-2016 - IA)

 
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