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Iowa Consent Law
 

Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center

Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

STATE OF IOWA vs. CORION JAMAL PURSLEY

The following facts can be gleaned from the minutes of evidence. In the
early morning hours of December 27, 2015, Sam Roberts encountered four young
males at a gas station in Cedar Falls. At 4:48 a.m., Roberts called the police and
advised these individuals followed him home from the gas station and were
knocking on his front door. Roberts described the vehicle the subjects ... More...
   $0 (06-08-2018 - IA)

STATE OF IOWA vs. AUSTIN MICHAEL SCHABLE

At approximately 7:30 a.m. on April 26, 2016, an individual called local
police about a silver van that was parked in the parking lot of her apartment
building. The individual reported she witnessed the van pull into the parking lot,
nearly striking two vehicles in the process. Officers Carl Ragar and Eddie
Thiphasouk responded to the call in two separate police vehicles. Of... More...
   $0 (06-08-2018 - IA)

STATE OF IOWA vs. ROBERT CHRISTOPHER CARROLL

Iowa Court of Appeals

On the evening of September 16, 2016, Sarah and Cory Nibbelink were
driving through Sioux Center with their two young children when a loud motorcycle
drew their attention. The motorcycle “jumped a curb” on the left side of the road
and passed them on the driver’s side in a residential area. Once the motorcycle
pulled in front of the Nibbelinks, it was “kind of swerving into t... More...
   $0 (06-08-2018 - IA)

ANDREW BRASEAN BUCHANAN vs. STATE OF IOWA

In 2013, Andrew Buchanan and Daevone Brown were charged by trial
information with first-degree robbery, and a joint trial was set for June 2013. Prior
thereto, a hearing to “make a record in this matter regarding the status of the plea
negotiations” as to both defendants was held in May 2013. During the hearing,
Buchanan and Brown each indicated he wanted to accept the plea o... More...
   $0 (06-07-2018 - 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. 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. DAVID PATRICK BREWER

In December 2015, Brewer was driving west on interstate 80. Brewer’s
vehicle struck the concrete barrier in the median of the interstate. The vehicle then
veered through three lanes of west-bound traffic, drove into the ditch dividing the
highway and on-ramp, jumped over the on-ramp, continued to drive through the
ditch area of the on-ramp, across the north-bound lanes of 14t... More...
   $0 (04-23-2018 - IA)

Tracey K. Kuehl v. Pamela Sllner

Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

STATE OF IOWA vs. NICHOLAS HODGES

Iowa Court of Appeals

On July 30, 2016, Plymouth County Deputy Sheriff Jake Wingert observed a pickup truck traveling northbound
on Frelon Drive in Plymouth County. As the truck passed by, the deputy noticed
two male occupants and took note of the license plate number. As the deputy ran
the plate in his computer, he observed the truck turn onto Highway 75 and begin
traveling south towards Sioux C... More...
   $0 (04-01-2018 - IA)

STATE OF IOWA vs. KRISTINA LEIGHANN HELLBERG

On December 28, 2016, Hellberg took her mother’s Ford F150 truck without
her mother’s permission. The mother reported the missing truck to the Decatur
County Sheriff’s Office. Officers recovered the truck from Hellberg several days
later. The State charged Hellberg with first-degree theft, a class “C” felony, in
violation of Iowa Code sections 714.1(2) and 714.2(1) (2016). <... More...
   $0 (01-12-2018 - IA)

STATE OF IOWA vs. JEROMIE ALAN KRAMER

Kramer guilty of child sexual abuse

In December 2015, the State charged Kramer by trial information with
indecent contact with a child. It was alleged the conduct occurred in December
2014, when P.W.—the complaining witness—was twelve years old and staying at
Kramer’s home.
The next day, the county attorney filed a motion to have a guardian ad litem
(GAL) appointed. The motion requested the attorney by na... More...
   $0 (01-12-2018 - IA)

CLINT JASPER vs. STATE OF IOWA

Iowa Court of Appeals

The State anticipated presenting evidence that Jasper forced three
children—ages three, four, and five years—to perform oral sex on him and
attempted to sodomize two of the children. The State filed a trial information
charging four counts of sexual abuse in the second degree, class “B” felonies, in
violation of Iowa Code sections 709.1 and 709.3(2) (2012). Each count carried... 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. LAMONT MONTEE WILLIAMS

On November 9, 2015, Ames Police officers responded to a call from
Sandra Fairbanks reporting a broken window at her residence. While discussing
the incident with Fairbanks at the front door to her residence, Officer Vincent Junior
reported he could smell marijuana and see a hazy smoke inside the residence.
After entering the residence with Fairbanks’ consent, Officer Junior ... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. KELLY BRYAN MALLOY

Iowa Court of Appeals

When Deputies Sage Lewis and Troy Tadlock saw Malloy make the illegal
maneuver, they turned on the flashing lights and siren in their marked cruiser. But
Malloy did not stop; instead he sped away from the deputies. Malloy led them on
a lengthy chase, at times reaching ninety miles per hour in twenty-five-mile-per
hour speed zones. During the chase, the deputies noticed Malloy... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. HUNTER NATHANIAL FRESCOLN

Iowa Court of Appeals

Ankeny Police Officer Jake Cusack initiated a traffic stop of the vehicle
Frescoln was driving on the night of August 12, 2016. During the stop, Officer
Cusack observed signs that Frescoln was intoxicated, and Frescoln admitted he
had consumed two beers. While Frescoln performed field sobriety tests, Officer
Cusack observed more signs that Frescoln was intoxicated. Frescoln ... 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)

STATE OF IOWA vs. RYAN DELMAR EASTER

Iowa Court of Appeals

Easter was clocked driving fifty-four miles per hour in a thirty-five-mile-per
hour zone. Police Officer Andrew Wierck was following Easter and turned on the
overhead squad car lights and spot light. Easter proceeded a block, turned left,
and then turned right, pulling into a driveway. Officer Wierck approached Easter
and detected the odor of alcoholic beverages. Easter decl... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. WILLIAM EARL GRAY

Iowa Court of Appeals

William Gray appeals his conviction for possession of a controlled
substance, second offense, in violation of Iowa Code section 124.401(5) (2015).
He asserts on appeal the district court erred in denying his motion to suppress the
evidence seized as a result of an inventory search of his vehicle. It is his contention
the officers used the inventory search solely to investigat... More...
   $0 (11-23-2017 - IA)

DENIS GAILEY vs. STATE OF IOWA

Appeals court rejects Gailey bid Former Webster County man serving life for kidnapping, other charges

In its ruling affirming Gailey’s convictions on direct appeal, this court set
forth the following facts surrounding the incident leading to Gailey’s charges:
The charges at issue in this case arose from a series of events that occurred on April 25, 2007. At the time, Gailey was under a protective order prohibiting contact with his wife, Dawn, and step-daughter, Jane Doe II. Dawn, acco... More...
   $0 (07-25-2017 - IA)

STATE OF IOWA vs. JIMMY D. ROBINSON

Iowa Court of Appeals

On October 16, 2014, Robinson, along with others, robbed the manager of
a supermarket. Robinson was arrested the next day, the trial information was
filed October 27, and Robinson was arraigned December 2. Robinson waived
his right to a speedy trial at the arraignment.1 Robinson requested and was
appointed counsel. On April 24, 2015, Robinson filed a pro se demand for
... More...
   $0 (07-24-2017 - IA)

WILLIAM PARGO vs. STATE OF IOWA

30 Arrested, 40 Children Seized In Drug Raid

This case arises out of Pargo’s application for postconviction relief. In his
application, Pargo contended his counsel was ineffective in two respects. First,
his trial counsel failed to move to dismiss the charges as untimely pursuant to
Iowa Rule of Criminal Procedure 2.33. Second, his counsel failed to move to
suppress evidence obtained from the search of a hotel room pur... More...
   $0 (07-24-2017 - IA)

DENIS GAILEY vs. STATE OF IOWA

Appeals court rejects Gailey bid Former Webster County man serving life for kidnapping, other charges

In its ruling affirming Gailey’s convictions on direct appeal, this court set
forth the following facts surrounding the incident leading to Gailey’s charges:
The charges at issue in this case arose from a series of events that occurred on April 25, 2007. At the time, Gailey was under a protective order prohibiting contact with his wife, Dawn, and step-daughter, Jane Doe II. Dawn, acco... More...
   $0 (07-24-2017 - IA)

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)

 
 
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