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Iowa Assault Law
 

STATE OF IOWA vs. MAURICE MONTRAIL HAYES

William Butcher was making repairs to his car outside an apartment building
in the early morning hours of May 12, 2016, in order to arrive at work by 5:30 a.m.
Sometime after 3:00 a.m., he was approached by a man who asked if he had a
cigarette. After Butcher gave the man a cigarette, the man asked if Butcher could
make change for a $20 bill. When Butcher took out his wallet... More...
   $0 (06-07-2018 - IA)

BLAKE ALLEN HUFFMAN vs. STATE OF IOWA

Iowa Court of Appeals

Blake Huffman appeals from the denial of his application for postconviction
relief. By way of background, Huffman was convicted of five counts of sexual
abuse in the second degree, one count of sexual abuse in the third degree, and
one count of assault with intent to commit sex abuse arising out of the abuse of
two minors. On direct appeal, this court affirmed his convictions... More...
   $0 (06-07-2018 - IA)

DAVEONE RASHAD BROWN vs. STATE OF IOWA

Iowa Judicial Building

Daveone Brown was convicted of second-degree robbery for taking $1277
from the victim while his codefendant threatened the victim. On appeal, we found
substantial evidence supported the conviction. State v. Brown, No. 14-0055, 2015
WL 2393440, at *2 (Iowa Ct. App. May 20, 2015) (noting the victim “reported Brown
and Andrew Buchanan had robbed her of $1277” and “stated a gun w... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. RYAN BARNHARDT

Barnhardt Sentenced to 205 Years in Prison

Ryan Barnhardt appeals from the judgment and sentence entered following
his convictions on ten counts of sexual abuse, which the State brought against him
after five children alleged that Barnhardt had engaged in sex acts with them.
I. Expert Witness Testimony.
Barnhardt first contends the district court erred by allowing testimony from
the State’s expert witness tha... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. BRANDON CHRISTIAN ELLIOTT

Brandon Elliott pleaded guilty to assault causing bodily injury, in violation of
Iowa Code section 708.2A(5) (2015). Elliott timely filed a motion in arrest of
judgment, seeking to withdraw his guilty plea on the ground his guilty plea was not
voluntary and lacked a factual basis. Specifically, Elliott contended he felt pressure
to plead guilty because he was going to be arre... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA v.TIMOTHY ROGER SCHROEDER

At about 7:00 a.m. on January 9, 2015, Nicole Gray’s seventeen-year-old
neighbor entered Gray’s home to care for her pets while Gray and her children
were out of the country. The minor found Gray’s boyfriend, Dustin Wilder, lying
face down in a pool of blood in the kitchen and unresponsive.
Emergency response personnel were called and determined Wilder was
deceased. L... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA vs. WONETAH EINFELDT

Wonetah Einfeldt and her two daughters were charged with willful injury causing bodily injury over a physical altercation between the three women and a fourth woman named Mulika Vinson on July 14, 2015. The case went to trial and the defendants were tried jointly. Prior to trial, the State sought to exclude all character evidence about the victim, Vinson. This included evidence related to Vinso... More...   $0 (05-05-2018 - IA)

STATE OF IOWA vs. MICHAEL CORY KELSO-CHRISTY

In April 2015, Michael Kelso-Christy created a fake Facebook profile of a man, S.P., who had attended his high school. Posing as S.P., KelsoChristy began to send Facebook messages to women who also attended school with S.P. The messages informed women that S.P.’s profile had been hacked and that he had created a new one. Then, Kelso-Christy would attempt to solicit nude photographs or propositi... More...   $0 (05-05-2018 - IA)

STATE OF IOWA vs. CARL ALLEN WEST

West was an addict and dealer of methamphetamine and opiates. He
regularly used and sold methamphetamine with Matthew Cizek. Over time, West
“decided to stop giving [Cizek] drugs” because he believed Cizek was “becoming
very paranoid” and “saying lots of crazy things,” and Cizek “never seemed to have
any money” to pay for the drugs he was supposed to be selling for West. How... More...
   $0 (05-03-2018 - IA)

STATE OF IOWA vs. CALEB A. DORMIRE

Caleb Dormire appeals following his conviction of second-degree sexual
abuse. He first argues the court erred in denying his motion to dismiss because
the trial information was filed more than forty-five days after he was taken into
custody, in violation of his right to a speedy indictment. We review this claim for
correction of errors at law. See State v. Williams, 895 N.W.... More...
   $0 (05-03-2018 - IA)

STATE OF IOWA vs. NOAH RILEY CROOKS

On the evening of March 24, 2012, Noah Crooks was at home with his mother, Gretchen Crooks. Noah was thirteen years old and an eighth grader at Osage Middle School. He had no prior criminal record. The Crooks lived in rural Osage, in Mitchell County. Gretchen worked as a nurse at Mercy Hospital in Mason City and was studying to get her master’s degree at the University of Iowa. Noah’s father,... More...   $0 (04-30-2018 - IA)

STATE OF IOWA vs. DANIELLE ABANG-NTUEN

On July 14, 2015, Danielle Abang-Ntuen, her sister, Beatrice Abang-Ntuen,
and their mother, Wonetah Einfeldt,1 went to the home of Mulika Vinson to resolve
a dispute between Danielle and Mulika. A physical altercation eventually ensued
between Danielle, Beatrice, and Wonetah against Mulika, but the parties dispute
the order of events and who initiated the exchange. Mulika was... More...
   $0 (04-23-2018 - IA)

Michael Lynn Heard Sr. v. State of Iowa

Michael Heard Sr. appeals the dismissal of his postconviction relief (PCR)
application. He raises several issues related to his sentencing. But because he
has discharged his sentence, those issues are now moot. So Heard is left with a
single viable claim—had trial counsel fully investigated Heard’s mental health and
better informed Heard about a diminished capacity defense, ... More...
   $0 (04-05-2018 - IA)

STATE OF IOWA vs. JOHN CHARLES MCPHERSON II,

John McPherson was charged by trial information with assault on a police
officer causing bodily injury, in violation of Iowa Code section 708.3A (2016),1
following a scuffle with Special Agent Todd Monney of the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) that occurred in a Sergeant Bluff Police
Department interview room. A jury found McPherson guilty of the les... More...
   $0 (04-01-2018 - IA)

STATE OF IOWA vs. JUSTIN MICHAEL STICKROD

Sex Offender

Justin Stickrod appeals from his convictions of first-degree sexual abuse,
in violation of Iowa Code sections 709.1 and .2 (2016), and child endangerment,
in violation of section 726.6(1)(a), (3), and (5). He contends his trial attorneys
were ineffective in several respects.
Our review of constitutional issues, such as claims of ineffective
assistance of counsel, is de n... More...
   $0 (04-01-2018 - IA)

STATE OF IOWA vs. STEVEN W. CHANEY

COURT OF APPEALS OF IOWA

A concerned citizen called 911 after seeing a man, later identified as Steven
Chaney, driving a vehicle “all over the road.” A Bettendorf patrol officer arrived at
the scene and pulled the keys from the ignition. Chaney got out of the vehicle and
“came at him.” Chaney also kicked a police sergeant.
The State charged Chaney with driving while barred as a habitual offende... More...
   $0 (04-01-2018 - IA)

United States of America v. Edward Whitney

Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Rapid City, IA - Gun Found in Home Sends Iowa Falls Man to Federal Prison
Numerous Convictions in His Past, Including Attempted Murder

A man whose criminal history includes attempted first degree murder, attempted armed robbery, and being an accessory after the fact to armed robbery, was sentenced today to more than 3 years in federal prison.

Edward Whitney, age 39, from Iowa... More...
   $0 (03-08-2018 - IA)

STATE OF IOWA vs. PETER PATRICK BACCAM

Baccam sentenced for assaulting pregnant woman

Peter Baccam and the complaining witness lived together, were in a
relationship, and had three children together. The complaining witness was
several months pregnant at the time of the altercation on October 10, 2016. There
are different accounts of what happened that day. The following day the
complaining witness sought medical attention and told medical personnel about More...
   $0 (01-27-2018 - IA)

JAMES ABRAHAM HILDRETH vs. STATE OF IOWA

Iowa Court of Appeals

On December 2, 2009, Hildreth was charged by trial information with two
counts of second-degree sexual assault for sexually assaulting his fiancée’s then
six-year-old daughter. Trial was scheduled for January 7, 2010. On December
14, 2009, Hildreth’s trial attorney filed a notice of taking depositions in the case.
The prosecutor advised Hildreth’s counsel that the State woul... More...
   $0 (01-27-2018 - IA)

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)

 
 
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