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Iowa Consent Law
 

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. 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. 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. CLARSELL ANTHONY TODD

COURT OF APPEALS OF IOWA

Officer Justin Brandt testified the local dispatch received two calls from
concerned citizens about the defendant and his vehicle. The first call was
received at approximately 11:00 p.m., and the caller indicated there was a
vehicle stopped on the street outside of his apartment building that was running
and had been sitting there “over an hour.” The second call took place at... More...
   $0 (06-16-2017 - IA)

ALAN DUANE BEARD vs. STATE OF IOWA

Alan Duane Beard - Sex Offender in Boone, IA 50036

On November 19, 2013, Beard pled guilty to eluding and operating a
motor vehicle while intoxicated (OWI). On the eluding charge, Beard was
sentenced to an indeterminate term not to exceed five years and a fine and
surcharge. The court suspended the sentence of incarceration, the fine, and the
surcharge and placed Beard on probation for two to five years. On the OWI
char... More...
   $0 (06-14-2017 - IA)

STATE OF IOWA vs. JESUS ANGEL RAMIREZ

On May 15, 2014, a package shipped from Mexico and destined for Waterloo arrived in this country at the FedEx hub in Memphis, Tennessee. It was addressed to Jessy Robles, 1013 Mulberry Street,
Waterloo, and contained a phone number for contact purposes with a 319 area code. United States Customs and Border Protection (CBP) officers opened and inspected the parcel on arrival in Memphis. They... More...
   $0 (05-29-2017 - IA)

STATE OF IOWA vs. SAYVON ANDRE PROPPS

Iowa Court of Appeals

On February 27, 2011, Derek Carr was standing outside his home when Troy Lee Mure Jr. drove up in a vehicle in which Sayvon Propps was a passenger. Propps exited the vehicle, fired four shots into Carr, and got back in the vehicle. Mure immediately drove away from the scene. Carr was hit in his back, buttocks, and leg. He was transported to the hospital where he remained hospitalized for three... More...   $0 (05-28-2017 - IA)

STATE OF IOWA vs. DEANTAY DARELLE WILLIAMS

Fourth man arrested in Waterloo June sexual assault

This case comes before us on further review. The court of appeals, on discretionary review of the district court’s denial of the defendant’s motion to dismiss, reversed the district court and dismissed the charges against Deantay Williams, Taevon Washington, and Cordarrel Smith. On this further review, we focus solely on whether the defendants’ rights were violated by the failure to bring formal... More...   $0 (05-28-2017 - IA)

STATE OF IOWA vs. JUSTIN KRUTSINGER

On February 27, 2015, Justin Krutsinger went to the home of Keri Hanzlick
in Waukee at about 5:30 p.m. Krutsinger and Hanzlick had one to two drinks
before going to a restaurant for dinner, where Krutsinger had two or three bottles
of beer. On the way back to Hanzlick’s home, they picked up a twelve-pack of
beer and a bottle of vodka. Krutsinger had a few more drinks while t... More...
   $0 (05-11-2017 - IA)

STATE OF IOWA vs. MICHAEL RYAN DERBY

In the early hours of July 18, 2015, Sioux City police officers in an
unmarked drug unit observed a truck with dark tinted windows—owned and
driven by Derby—stop for a few minutes in a high drug traffic area and then
leave. Officer Josh Tyler, on duty that morning, was informed of the tinted
window violation and the truck’s location, and he followed the truck in his marked
... More...
   $0 (05-11-2017 - IA)

STATE OF IOWA vs. SEAN NEAL DELACY

Sex Offender

Delacy was charged with a total of twenty-three counts arising from his
actions with his cousin’s six-year-old child. The trial information was amended
multiple times, but ultimately, Delacy faced four counts of sexual abuse in the
second degree, in violation of Iowa Code section 709.3(1)(b) and (2), class “B”
felonies each carrying a twenty-five-year sentence, see Iowa Code §... More...
   $0 (05-11-2017 - IA)

STATE OF IOWA vs. AARON LANCE SAMS

Aaron Sams appeals from his conviction for operating while intoxicated,
second offense. Sams maintains he received ineffective assistance from trial
counsel. Specifically, he maintains counsel was ineffective for failing to make a
motion for judgment of acquittal specifically challenging the sufficiency of the
evidence to support the jury’s finding that Sams was under the inf... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. MICHAEL SCHEFFERT

COURT OF APPEALS OF IOWA

On May 30, 2015, at approximately 12:37 a.m.,1 Scheffert was driving a
motor vehicle in the Falls Access area in Black Hawk County. Officer Tim
Peterson initiated a stop of the vehicle because he believed it was located in a
county park area that closed at 10:30 p.m., pursuant to a county ordinance. After
making contact with Scheffert and his passenger, the officer received S... More...
   $0 (05-10-2017 - IA)

TAMARA STELLMACH and JOHN STELLMACH vs. STATE OF IOWA d/b/a UNIVERSITY OF IOWA HOSPITALS AND CLINICS

University of Iowa Hospitals and Clinics

On February 22, 2008, Tamara underwent procedures for a voluntary
research project at the University of Iowa Hospitals and Clinics (UIHC) Center for
Digestive Diseases. The project included a biofeedback study employing
transcranial magnetic stimulation (TMS). The consent form for the study
described TMS as follows: “Magnetic stimulation uses very short single pulses of
... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. BETTY ANN NALL

Iowa Supreme Court, Iowa Court of Appeals,

The following facts are drawn from the minutes of testimony and the defendant’s in-court admissions. FECR268551. On August 2, 2012, Betty Ann Nall visited Earlham Bank in Des Moines and opened an account with a counterfeit U.S. postal money order in the amount of $890. Nall had received the money order from an internet secret shopper program that she suspected was a scam. On August 3, Nall dep... More...   $0 (05-07-2017 - IA)

STATE OF IOWA vs. VERNON LEE HUSER

Altoona police make arrest in 4½-year-old slaying

A. Conviction of Woolheater. The partially decomposed body of Morningstar was discovered in February 2005 in a forested area in Altoona near Woolheater’s home. Police immediately began investigating Woolheater and subsequently charged him with first-degree murder. Woolheater was convicted after a jury trial. The conviction was upheld by the court of appeals. State v. Woolheater, No. 10–0478,... More...   $0 (05-07-2017 - IA)

Wendy Burnett v. State of Indiana

COURT OF APPEALS OF INDIANA

On August 18, 2015, Burnett was riding in the passenger seat of a Chevrolet
Impala in Indianapolis when the driver of the vehicle struck another vehicle.
Burnett had fallen asleep before the collision, but she woke up upon the impact
and jumped out of the vehicle. As a woman who lived nearby started yelling
about the accident, Burnett got back into the vehicle’s passenger sea... More...
   $0 (04-22-2017 - IA)

STATE OF IOWA v. WILHELM VONHOFSTEDER

Akron, Iowa man arrested for possible sexual abuse of 12-year-old boy.

On November 2, 2015, Wilhelm VonHofsteder was charged in a twelve
count trial information with third-degree sexual abuse, indecent contact with a
child, assault with intent to commit sexual abuse, exhibition of obscene material
to a minor, and eight counts of sexual exploitation of a minor (possession of a
visual medium depicting a minor child engaged in a prohibited sexual act)... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. SHANNON SEE

Iowa Court of Appeals

On February 17, 2015, at about 2:45 a.m., an officer with the Waterloo
Police Department was dispatched to a local gas station after receiving a report
from the gas station clerk of a suspicious occupied vehicle that had been parked
in front of the store at the gas pump for approximately thirty minutes. An officer
arrived at the scene, pulled in directly behind the vehicle, an... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. CORVELLE BEEKS

Iowa Court Of Appeals

Corvelle Beeks was charged with possession with intent to deliver a
controlled substance (methamphetamine) as an habitual offender and
possession of a controlled substance (marijuana), second offense. Following a
jury trial, he was convicted on count one of the lesser-included offense of
possession of a controlled substance (methamphetamine) and convicted on
count two of ... More...
   $0 (04-06-2017 - IA)

STEPHEN SHAWN KEYES vs. STATE OF IOWA

Stephen Shawn Keyes was found guilty of two counts of first-degree murder for the fire-related deaths of his wife and two-year-old son in their rural Springville home during the Christmas season of 1996.

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In the early morning hours of December 26, 1996, Keyes’s wife, Sandra,
and two-year-old son, Joshua, died in a house fire. The State accused Keyes of
setting the... More...   $0 (03-24-2017 - 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. JORDAN CAMPBELL

An Iowa State Patrol trooper was traveling on Interstate 80 when he
observed two vehicles—a white truck and black minivan—with non-Iowa license
plates traveling the opposite direction. The trooper believed the vehicles were
exceeding the speed limit. Using a speed gun, he determined the vehicles were
speeding. As the trooper and the vehicles passed each other on opposite sid... More...
   $0 (02-22-2017 - IA)

  STATE OF IOWA vs. JAYEL ANTRONE COLEMAN

Iowa's top court tosses conviction in Scott County traffic stop

On the evening of August 18, 2014, Officer James Morris was parked along Highway 61 in Eldridge, Iowa, conducting random computer checks on the license plates of passing motorists to see if the vehicle was reported stolen or if there were outstanding warrants associated with the owner of the vehicle. His check of the license plate of a vehicle that passed him revealed that the female registered o... More...   $0 (02-15-2017 - IA)

STATE OF IOWA vs. CURTIS MICHAEL SMITH

Smith was suspected of OWI after two officers watched Smith drive his
vehicle into a police barricade. He continued driving until stopped by police. The
officers observed that Smith had a heavy odor of alcoholic beverage on his
breath, blood-shot eyes, and slurred speech.
The officers determined there was sufficient cause to believe Smith had
operated a motor vehicl... More...
   $0 (02-11-2017 - IA)

  STATE OF IOWA vs. WILLIAM EDWARD HUNT

Trooper Thomas Clark with the Iowa State Patrol responded to a radio
dispatch reporting an erratic driver traveling westbound on Interstate 80 near
Waukee about 10 p.m. on January 9, 2015. The dispatcher had received
multiple 911 cellular telephone calls from other motorists concerned about a
pickup pulling a travel trailer that was “all over the road.” Trooper Clark found a ... More...
   $0 (02-10-2017 - IA)

STATE OF IOWA vs. BOUNMY BOUNMY

In the early hours of April 21, 2015, Deputy Sheriff Matt Struve received a
phone call from fellow Plymouth County Deputy Scott Dorhout, who had fielded a
request from an O’Brien County deputy to keep a lookout for a vehicle travelling
southbound toward Sioux City. The car was “coming from a known drug house”
in O’Brien County, according to the lookout request. Deputy Struve,... 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. 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. KEVIN LEROY BAUDLER

On January 7, 2015, Assistance Chief Terry Miller, Deputy Gary Davis,
and Officer Todd Halverson executed a search warrant for an outbuilding and a
fifth-wheel camper located on a property in Winterset, Iowa. The search warrant
sought a 2009 Yamaha Rhino utility task vehicle (UTV) and a CAT skid loader
believed to be stolen, and sought permission to search the camper for
... More...
   $0 (01-25-2017 - IA)

  STATE OF IOWA vs. PATRICK JOHN LETSCHER

On August 28, 2013, the Forest City Police Department took Patrick Letscher and another person into custody and filed a complaint accusing them of stealing a pickup truck. A magistrate set bail at $2000, cash only. Two days later, Letscher posted the bail with the clerk of court. He also signed a form entitled, “APPEARANCE BOND - WAIVER OF ARRAIGNMENT – AUTHORIZATION OF PLEAS OF GUILTY,” ostens... More...   $0 (12-31-2016 - IA)

STATE OF IOWA vs. CHRISTOPHER RYAN ALLEN

In August 2013, police executed a search warrant at Allen’s home in
Waterloo, Iowa. During the search, officers found several rocks of crack cocaine,
cash, a digital scale, and plastic sandwich bags with the corners removed.
Officers then obtained a search warrant to search the apartment of a woman
identified as Allen’s girlfriend. In the apartment they found receipts and ti... 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. 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. STEVEN MICHAEL BECKER

In December 2014 in the early morning, Officer Albert Bovy of the
Waterloo Police Department was on patrol with his trained narcotics dog in an
area that had recently been subject to multiple burglaries. Officer Bovy observed
a woman with a backpack run toward and enter a running vehicle parked in the
parking lot of a closed business. Becker was in the driver’s seat of the ve... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. BETTY ANN NALL

Nall was involved in a “Secret Shopper scam off the internet.” Nall
received money orders in the mail, cashed them, and returned most of the
money while keeping a portion for herself. Nall knew the scam was fraudulent.
FECR268329. In July 2013, Nall received a money order for $890, which
she knew was not legitimate, and she took it to a veterinarian’s clinic where she
... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. LINDA MARIE LAU

“Although claims of ineffective assistance of counsel are generally preserved for postconviction relief hearings, we will consider such claims on direct appeal where the record is adequate.” State v. Lopez, 872 N.W.2d 159, 169 (Iowa 2015) (citation omitted). The record here is sufficient to reach Lau’s claim challenging her counsel’s performance, and our review of her claim is de novo. See... More...   $0 (10-28-2016 - 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. TONI LYNN REESE

To convict Reese of harboring a runaway, the State was required to prove three elements: (1) S.P. was a runaway child, meaning she was under eighteen years of age and was voluntarily absent from her home without the consent of her guardian; (2) Reese aided, supported, or sheltered S.P.; and (3) Reese intended to allow S.P. to remain away from home against the wishes of her guardian. See Iowa... More...   $0 (10-28-2016 - IA)

 
 
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