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Iowa Consent Law
 
Russell E. Shreve v. State of Indiana

Around 6:30 p.m. on March 16, 2013, Officer Robert Smith of the Elkhart
County Sheriff’s Department was patrolling northbound on U.S. Route 33
when he noticed a truck being followed by a passenger car. Both vehicles were
traveling five to ten miles under the posted speed limit in the passing lane of the
busy highway. While following the vehicles at a distance for a mile or tw... More...
   $0 (07-04-2016 - IA)

JOSEPH MICHAEL STEPHEN, vs. STATE OF IOWA

Shortly after 1:00 a.m. on April 13, 2009, Officer Paul Parizek observed a
pickup truck with an equipment violation and activated his emergency lights. As
driver Michael Scopa started to pullover, Parizek observed passenger Joseph
Stephen “moving around, kind of shifting from side to side in his seat.” Because
the stop occurred in a remote, dark area, Parizek approached the t... More...
   $0 (07-03-2016 - IA)

STATE OF IOWA vs. JOHN ARTHUR SENN JR.

In the early morning hours of Labor Day, September 1, 2014, Officer Brian Cuppy was on patrol in downtown Des Moines when he saw a truck eastbound on Court Avenue stop for a red light in the middle of the intersection with Water Street with its “back tires . . . more than five feet past the cross walk.” Officer Cuppy followed the truck, activated his police cruiser’s flashing lights, and initiate... More...   $0 (06-25-2016 - IA)

STATE OF IOWA vs. MAR'YO D. LINDSEY JR.

In this case, we consider whether a search of a high school student’s football equipment bag by a school official violated the constitutional limitations on searches and seizures under the Fourth Amendment of the United States Constitution and article I, section 8 of the Iowa Constitution. The district court found that the school official had reasonable grounds to search the bag. The court of ap... More...   $0 (06-25-2016 - IA)

STATE OF IOWA vs. PATRICK DANIEL WHITE

Patrick White appeals his conviction for operating while intoxicated (OWI),
claiming the district court erred in denying his motion to suppress evidence
obtained by law enforcement. We affirm.
In the late evening hours of October 7, 2013, Jack Swails called 911 and
reported that another motorist, Patrick White, had backed into his vehicle while
they were stopped at a re... More...
   $0 (06-19-2016 - IA)

STATE OF IOWA vs. ZYRIAH HENRY FLOYD SCHLITTER

In this appeal from convictions of involuntary manslaughter by
commission of public offense and child endangerment resulting in death,
we primarily consider a claim of ineffective assistance of trial counsel
based on the failure to challenge the sufficiency of evidence to support
the submission of all four alternative means of committing the crime of
child endangerment. On our ... More...
   $0 (06-12-2016 - 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. CRAIG AARON HERMANN

In the early morning hours of October 4, 2014, police officers stopped
Hermann for driving his vehicle without the headlights on. Once the officers
made contact with him, the officers believed Hermann was impaired because of
his bloodshot, watery eyes and the smell of alcohol on his breath. At
approximately 1:04 a.m., Hermann was arrested and transported to the local jail More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. TIANO NISHAN TRICE

We adopt the district court’s statement of the factual background:

This case involves a pretextual stop on August 6, 2014. A NETS [(Neighbors Energized to Succeed)] officer in an unmarked squad [car] observed suspicious activity in a high drug trafficking building in downtown Davenport. He watched as the car parked far from the entrance, the passenger got out went into the building and... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. BRANDON LYNN SCHAUL

Brandon Schaul appeals from his convictions for homicide by vehicle, in
violation of Iowa Code section 707.6A(1) (2013), and serious injury by vehicle, in
violation of Iowa Code section 707.6A(4). Schaul contends there is insufficient
evidence to support his convictions because the State failed to show he was
under the influence or that his intoxication caused the collision. ... More...
   $0 (05-13-2016 - IA)

DIONE LAMAR GRIGGS vs. STATE OF IOWA

Griggs’s 2005 conviction for robbery in the first degree was affirmed by
this court in 2006. See State v Griggs, 05-1659, 2006 WL 3018234, at *1 (Iowa
Ct. App. Oct. 25, 2006). His second application for postconviction relief (PCR),1
filed on February 7, 2008, came on for hearing and was denied by the district
court on November 14, 2011. The ruling was affirmed by this court.... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. JOHN MICHAEL DENT

John Michael Dent appeals his conviction for indecent contact with a child,
claiming his trial counsel provided ineffective assistance by failing to file a motion
in arrest of judgment, alleging the district court failed to find a factual basis
supporting the plea and failed to find the plea was knowingly and intelligently
entered.
On April 16, 2014, Dent was charged wi... 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. JONATHAN KAY DAVIS

Jonathan Davis appeals his conviction for operating while intoxicated in
violation of Iowa Code section 321J.2 (2013). Davis claims his counsel provided
constitutionally-deficient representation in failing to make several interrelated
challenges to the statute, the marshaling instruction, and the evidence. Davis
also argues the district court abused its discretion in denying ... 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)

STATE OF IOWA vs. TAJH ROSS

Tajh Ross appeals his convictions for murder in the first degree,
intimidation with a dangerous weapon, and going armed with intent. He asserts
the district court erred when it denied defense counsel’s motions to withdraw;
furthermore, by denying his request to proceed pro se, Ross claims the court
violated his Sixth Amendment right to represent himself. He also claims
i... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. MATTHEW ELI VILLALPANDO

A jury found Matthew Villalpando guilty of sexual abuse in the third degree
following an incident between twenty-three-year-old Villalpando and a fourteen
year-old girl. The jury also found Villalpando was the subject of a prior juvenile
delinquency adjudication for sexual abuse in the third degree.1 The district court
invoked and applied Iowa Code section 901A.2(3) (2009), a ... More...
   $0 (04-28-2016 - IA)

United States of America v. Rufino Rolon-Polo

Illegal Alien Sentenced to Prison for Possession of a Firearm

An illegal alien who possessed a firearm was sentenced yesterday to one year in federal prison.

Rufino Rolon-Polo, age 36, a Mexico citizen residing in Hampton, Iowa, received the prison term after a December 29, 2015, guilty plea to one count of possession of a firearm by an alien unlawfully in the United States.
... More...
   $0 (04-12-2016 - IA)

STATE OF IOWA vs. .KRISTI SUE DEMPSEY

Kristi Dempsey pled guilty to possession of cocaine, first offense. The
district court sentenced her to serve 120 days in jail but suspended the sentence
and placed her on probation.
On appeal, Dempsey contends (1) her plea attorney was ineffective in
(a) failing to challenge the factual basis for the plea and (b) failing to argue the
plea was unknowing and involuntary, ... 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. JEFFREY WAYNE MILLER

On July 23, 2014, Miller, a married, thirty-seven-year-old man and father
of two, was seen with D.P., a seventeen-year-old girl, at a lake. The eye
witnesses, D.P.’s younger brother and the brother’s friend, observed Miller and
D.P. standing close together and kissing and D.P.’s pants unbuttoned. D.P.’s
hands were on her pants; Miller’s hands were on the wall behind D.P. D.P.... More...
   $0 (04-06-2016 - IA)

PATRICK NEILL MORENO vs. STATE OF IOWA

Patrick Moreno was the defendant in a number of criminal proceedings
involving intoxication. In the first—which he labels the “front yard case”—the
State charged Moreno with operating a motor vehicle while intoxicated (second
offense) and public intoxication (second offense). In the second—which he calls
the “on-ramp case”—the State charged him with operating a motor vehicle ... More...
   $0 (04-06-2016 - IA)

STATE OF IOWA vs. JOHN FRANKLIN DEERING

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. The phone line remained open while his captors brutally beat Carris
with a brick. By the time the Des Moines police tracked the victim’s cell phone to
Prospect Park, just before 6 a.m. on April 11, 2014, Carris was blee... More...
   $0 (04-06-2016 - IA)

STATE OF IOWA vs. DEMETRIUS S. RIMMER vs. RONA MURPHY vs. MELONICKA THOMAS

The trial information and minutes of testimony allege these facts, which we accept as true for purposes of this appeal.1 The defendants, Demetrius Rimmer, Rona Murphy, and Melonicka Thomas, participated in an insurance fraud ring that staged car accidents in Chicago, Illinois. Murphy and Thomas are Illinois residents, and their vehicles were registered in Illinois. Rimmer is a Milwaukee, Wiscon... More...   $0 (03-25-2016 - IA)

STATE OF IOWA vs. ANTHONY ALLEN COPLEY

Anthony Copley appeals following his Alford plea1 to first-degree theft,
exercising control over stolen property, in violation of Iowa Code sections
714.1(4) and 714.2(1) (2013). After asking the court to find him guilty under the
Alford decision, and after telling the court, “you do the crime, you do the time,”
Copley has had a change of heart. He now claims his attorney was... More...
   $0 (03-23-2016 - 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. HANNAH BENCK

The State charged Hannah Benck with operating a motor vehicle while
intoxicated, first offense. See Iowa Code § 321J.2 (2013). Benck moved to
suppress the evidence. The district court initially granted the motion but, on
reconsideration, concluded the evidence should not have been suppressed.
Benck agreed to a bench trial on the minutes of testimony. After considering the ... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. APRIL DENISE KHURAM

Waterloo police officers received a complaint of marijuana odors coming
from an apartment complex. The odor appeared to be strongest around a lower
level apartment. Officers knocked on the door of the apartment. A man
identified as Loren Austin answered, said the lease was in his name, and told the
officers a woman was in the back bedroom. Austin consented to a search of the... More...
   $0 (03-23-2016 - IA)

WILLIE JAMES JEFFRIES vs. STATE OF IOWA

After a jury trial in 1985, Jeffries was convicted of first-degree sexual
abuse and sentenced to life without parole. This court affirmed his conviction.
See State v. Jeffries, 417 N.W.2d 237, 240 (Iowa Ct. App. 1987). Procedendo
issued on January 11, 1988. Jeffries then filed a petition for writ of habeas
corpus in federal court, which was subsequently dismissed, and the d... 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)

STATE OF IOWA vs. ARCHIE ROBERT BEAR

Archie Bear appeals from the district court’s denial of his motion to amend
a restitution plan. He contends his portion of the settlement that resulted from a
class action lawsuit between his Indian tribe and the federal government
constitutes funds that are exempt from the restitution plan ordered in connection
with his criminal case, pursuant to both 25 U.S.C. § 410 (2012) a... More...
   $0 (03-19-2016 - 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. ARCHIE ROBERT BEAR

Archie Bear appeals from the district court’s denial of his motion to amend
a restitution plan. He contends his portion of the settlement that resulted from a
class action lawsuit between his Indian tribe and the federal government
constitutes funds that are exempt from the restitution plan ordered in connection
with his criminal case, pursuant to both 25 U.S.C. § 410 (2012) a... More...
   $0 (03-11-2016 - 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)

STATE OF IOWA vs. RICHARD COOPER WEMER JR

Ottumwa Police Officer Noah J. Aljets was dispatched to a home based on
a 911 hang-up call. As he approached the home, he smelled marijuana. Aljets
eventually spoke to Wemer, one of the residents of the home. Wemer admitted
to smoking marijuana but denied making a 911 call. The officer confirmed the
number and advised Wemer he would need to enter the home to “check it out.... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. ROBERT ALLAN HANNUSCH

On December 10, 2013, at approximately 2:00 p.m., officers from the
Pleasantville and Carlisle police departments responded to a dispatch that a
vehicle was travelling northbound on Highway 5 in the southbound lane. Officers
located Hannusch’s vehicle and observed it, now in the northbound lane, being
driven erratically—moving from lane to lane, leaving the roadway, and
s... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. ADYM RAY BARTH

Adym Barth was convicted for failure to comply with the sex offender
registry, an aggravated misdemeanor, in violation of Iowa Code sections
692A.104 and 692A.111 (2013). On appeal, Barth contends the district court
erred in denying his motion to suppress evidence allegedly obtained in violation
of his federal and state constitutional rights. We review de novo a ruling on a <... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. NATHAN JAMES ERICSON

Ericson was a backseat passenger in a Cadillac stopped for excessive
window tint on Interstate 29 in the afternoon of December 21, 2013. Iowa State
Trooper Chad Schweitzberger discovered the driver did not have a valid license.
The trooper asked the two passengers for identification. Trooper Schweitzberger
learned Ericson’s driver’s license was revoked for drug-related charg... More...
   $0 (02-24-2016 - IA)

EURIC FOUNTAIN vs. STATE OF IOWA

Euric Fountain was convicted of first-degree murder in 1988. In July 2012
he filed this application for postconviction relief (PCR), his sixth application.
Fountain alleged the trial information in his criminal case was defective, the jury
instructions were erroneous, and the criminal court lacked subject matter
jurisdiction. Fountain further claimed he was unaware of these ... More...
   $0 (02-24-2016 - IA)

STATE OF IOWA vs. RANDALL LEE LAMOREUX

After being arrested, the defendant phoned an attorney and consulted with that attorney in a jail booking room. The room had visible audio and video monitoring. The attorney was aware of the audio and video systems and took no steps to disable them or request another room. We are asked to decide whether Iowa Code section 804.20 (2013) provides relief to the defendant under these circumstances. ... More...   $0 (02-21-2016 - IA)

 
 
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