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Iowa Death Law
 
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)

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. KAI ROBERT MILLER

Kai Miller spent several hours at a Davenport bar, got behind the wheel of
his car, and crashed into another car. The driver and front-seat passenger in the
other car died. A third person seated in the back was seriously injured.
The State charged Miller with operating a motor vehicle while intoxicated
(first offense) as well as six additional crimes: two counts of homicide ... 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. 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)

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)

United States of America v. DeShaun Anderson

Cedar Rapids Man Sentenced to 20 Years for Heroin and Fentanyl Conspiracy Resulting in Four Injuries, Two Deaths


A man who conspired to distribute heroin and fentanyl that led to multiple overdoses and deaths was sentenced today to 20 years in federal prison.

DeShaun Anderson, age 43, from Cedar Rapids, Iowa, received the prison term after a September 23, 2015 guilty plea to... More...
   $0 (04-01-2016 - 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)

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)

FRED MOORE vs. STATE OF IOWA

Moore was convicted of first-degree murder in 1997 and sentenced to life
in prison. His conviction was affirmed on appeal. See State v. Moore, No. 98
1038, 1999 WL 1136569, at *4 (Iowa Ct. App. Dec. 13, 1999). Procedendo was
issued on March 15, 2000.
Moore filed his first PCR application in 2001, which was dismissed by the
district court and affirmed on appeal. Moore v... More...
   $0 (04-06-2016 - IA)

STATE OF IOWA vs. ASCENCION ANIBAL VARGAS

Vargas was charged with possession of more than five grams of a
simulated controlled substance with intent to deliver, in violation of section
124.401(1)(b)(7) (2013), a class B felony, and failure to affix a drug tax stamp, in
violation of sections 453B.3 and 453B.12, a class “D” felony. The State alleged
the substance was simulated methamphetamine. After a jury trial, Varga... 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. TYLOR DAVID PATRICK

Tylor Patrick drove a vehicle with five other occupants. He ran into a
ditch, hit a field driveway, and was airborne for about forty-six feet before landing
and rolling the vehicle. One of the occupants died.
The State charged Patrick with vehicular homicide and operating a motor
vehicle while intoxicated, first offense. See Iowa Code §§ 321J.2, 707.6A (2013).
The jur... 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. STEPHEN ALLEN BOEDING

We incorporate the district court’s statement of the factual background:
Stephen Boeding, (hereinafter, “Boeding”) and the decedent, Kevin O’ConnelI (hereinafter, “O’Connell”) had been friends since meeting in Country Oaks [(a substance abuse program)] in 2007. The evidence supports that they were also intermittent sexual partners. On or about May 18, 2013, Boeding sent text messages to O’... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA vs. DERRICK JAMAAL MCELROY

The jury was instructed the State would have to prove the following elements of first-degree murder:
(1) On or about the 8th day of May, 2011, the Defendant shot Brandyn Preston; (2) Brandyn Preston died as a result of being shot; (3) The Defendant acted with malice aforethought; (4) The Defendant acted willfully, deliberately, premeditatedly and with a specific intent to kill a person.... More...
   $0 (03-23-2016 - IA)

EARL JAMARE GRIFFIN vs. STATE OF IOWA

In its ruling affirming Griffin’s convictions on direct appeal, our court set
forth the following facts surrounding the incident leading to Griffin’s arrest:
On August 17, 2008, a Kentucky Fried Chicken store was robbed after it closed for the night. As employee Jodi Carter was walking to her car, she was accosted by a man with a gun. He forced her to unlock the restaurant door. Aft... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA v. DAMION JOHN SEATS

A juvenile offender convicted of first-degree murder appeals his resentencing to life in prison without the possibility of parole. In this appeal, we determine the factors a court must use when it sentences a juvenile offender for first-degree murder. Because the district court did not have the benefit of this decision when it sentenced the juvenile, we vacate the sentence and remand for rese... More...   $0 (03-13-2016 - IA)

PHUOC NGUYEN vs. STATE OF IOWA

In 1999, Phuoc Thanh Nguyen was convicted of first-degree murder based on alternative theories that included a felony-murder theory. On direct appeal, the court of appeals recounted the evidence presented at trial and established a number of facts that a jury could have found based on the record:
On the afternoon of July 15, 1998, Nguyen and Dao approached “The Cloud,” a Des Moines bar. Dao... More...
   $0 (03-11-2016 - 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. TERRY DENNIS FOTH

Terry Foth appeals from his conviction and sentence, following a jury trial,
for domestic abuse assault causing bodily injury. Foth asserts the district court
erred when it excluded evidence that the victim allegedly made prior false
accusations of domestic abuse; furthermore, he argues, trial counsel was
ineffective for failing to assert the admission of this evidence was con... More...
   $0 (02-24-2016 - IA)

STATE OF IOWA vs. TAQUALA MONIQUE HOWSE

On June 23, 2013, Officer Kyle Jurgensen of the Waterloo Police Department was dispatched to the Wal-Mart in Waterloo based on a report of two individuals stealing items from the store. When Officer Jurgensen arrived, he spoke with Wal-Mart’s asset protection person who was able to identify the two suspects. Officer Jurgensen placed both individuals under arrest. Defendant Taquala Howse was one... More...   $0 (02-21-2016 - IA)

STATE OF IOWA vs. MIRANDA PETITHORY-METCALF

Miranda Petithory-Metcalf (Petithory) appeals her conviction, following a
jury trial, for murder in the second degree. She first asserts sufficient evidence
does not support the jury’s finding she acted with malice aforethought, and
therefore, the district court erred when it denied her motion for judgment of
acquittal. She also argues the court abused its discretion when it ... More...
   $0 (02-10-2016 - IA)

JESSE EDWARD BROWN vs. STATE OF IOWA

In January 2007, Jesse Brown was charged with first-degree kidnapping
and second-degree sexual abuse after he forced his estranged wife Michelle1
and others into Michelle’s vehicle and ordered her, at knife point, to drive around.
They eventually ended up at a motel, where Jesse had sexual intercourse with
Michelle. Trial in the matter was held in July 2007, and Jesse was ult... More...
   $0 (02-06-2016 - IA)

STATE OF IOWA vs. NATHAN DANIEL RONNAU

On the evening of July 1, 2013, A.M. went to a bar at the corner of East
Locust Street and Iowa Street in Davenport to meet a friend. She had five
alcoholic drinks at the bar and later left with Christopher McCray, whom she did
not previously know, just before closing time to go to his home and smoke
marijuana. Later, A.M. realized she had left her phone, keys, and cigarettes... More...
   $0 (02-06-2016 - IA)

TONY SIHAVONG vs. STATE OF IOWA

Sihavong was convicted of first-degree murder in 2002 and was
sentenced to life in prison. His conviction was affirmed on appeal. See State v.
Sihavong, No. 02-1447, 2003 WL 22697627, at *1 (Iowa Ct. App. Nov. 17, 2003).
Procedendo was issued on February 13, 2004.
Sihavong filed an application for postconviction relief, which was
dismissed as frivolous on March 16, 200... More...
   $0 (02-06-2016 - IA)

STATE OF IOWA vs. KENT ANTHONY TYLER III

We recite the facts in the light most favorable to the State. State v. Neiderbach, 837 N.W.2d 180, 187 (Iowa 2013). On the night of August 24–25, 2013, a crowd of twenty to forty teenagers was gathered at an empty lot next to the Des Moines River in downtown Des Moines. They were drinking, dancing, and listening to music. About ten to fifteen cars were present. Some in the crowd were dancing ... More...   $0 (01-22-2016 - IA)

STATE OF IOWA vs. WALTER RAY NOREM

Dawn and Walter Norem1 were married and lived in rural Harris, Iowa.
Their two adult daughters both had residences about fourteen miles away in
Milford. Dawn worked in Milford as a dietary manager at a nursing center.
back injury prevented Norem from working. He also suffered from anxiety. In
early November 2012, Norem had been feeling increasingly anxious and was not
... More...
   $0 (01-13-2016 - IA)

BEN VILLARREAL JR., CLEO MARTINEZ, and LaCASA MARTINEZ TEXMEX, INC. vs. UNITED FIRE & CASUALTY COMPANY d/b/a UNITED FIRE GROUP

A restaurant was severely damaged by fire. The owners made an insurance claim, but much of the claim was denied. They ultimately sued the insurer for policy benefits. They obtained a jury verdict and judgment against the insurer, which the insurer paid. Thereafter, they brought a separate action against the insurer for bad faith, alleging it had lacked a reasonable basis for its prior refusal ... More...   $0 (01-08-2016 - IA)

State Of Iowa v. Robinson

In the early morning hours of October 8, 2011, Dubuque police received a complaint about screaming arising from an apartment. Police responded to the scene, heard screams from within the apartment, broke into the apartment from which the screams arose, and found the defendant, Robinson, and B.S. half-naked in the bedroom of the apartment. Police arrested Robinson. On October 12, the State charged... More...   $0 (01-06-2016 - IA)

State Of Iowa v. Seats

A juvenile offender convicted of first-degree murder appeals his resentencing to life in prison without the possibility of parole. In this appeal, we determine the factors a court must use when it sentences a juvenile offender for first-degree murder. Because the district court did not have the benefit of this decision when it sentenced the juvenile, we vacate the sentence and remand for resenten... More...   $0 (01-02-2016 - IA)

BRUCE BAKER vs. BRIDGESTONE/FIRESTONE and OLD REPUBLIC INSURANCE

Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe... More...   $0 (12-18-2015 - IA)

State Of Iowas v. Seats

A juvenile offender convicted of first-degree murder appeals his resentencing to life in prison without the possibility of parole. In this appeal, we determine the factors a court must use when it sentences a juvenile offender for first-degree murder. Because the district court did not have the benefit of this decision when it sentenced the juvenile, we vacate the sentence and remand for resentenc... More...   $0 (12-15-2015 - IA)

State v. Seats

A juvenile offender convicted of first-degree murder appeals his resentencing to life in prison without the possibility of parole. In this appeal, we determine the factors a court must use when it sentences a juvenile offender for first-degree murder. Because the district court did not have the benefit of this decision when it sentenced the juvenile, we vacate the sentence and remand for resentenc... More...   $0 (11-29-2015 - IA)

DALE GOETTSCH, KATHY GOETTSCH, MARGARET STEFFEN vs. THOMAS GOETTSCH, BRIAN GOETTSCH, CIRCLE G FARMS, INC., GOETTSCH FARMS

Petitioners Dale Goettsch, Kathy Goettsch, Margaret Steffen and Defendants Thomas
Goettsch and Brian Goettsch are shareholders of Circle G Farms, Inc., a closely-held Iowa farm
corporation. Defendants Tom Goettsch and Brian Goettsch, at all relevant times, have been
directors and officers of Circle G Farms, Inc. Paul Goettsch is no longer a shareholder but was
previously a dir... More...
   $0 (11-29-2015 - IA)

MONROE BRANSTAD vs. STATE OF IOWA ex rel. NATURAL RESOURCE COMMISSION and the IOWA DEPARTMENT OF NATURAL RESOURCES

The Iowa Department of Natural Resources (DNR) was called to investigate a fish kill that occurred in the Winnebago River on or around August 28, 2008. The agency found the following facts. Scott Grummer, a biologist for the DNR, led the investigation into the fish kill. During the investigation, Grummer interviewed Monroe Branstad about the possibility that the fish kill was caused by pollution... More...   $0 (11-09-2015 - IA)

STATE OF IOWA vs. DANIEL LOGAN WALDEN

In this appeal, we must decide which statute of limitations governs a charge of kidnapping to commit sexual abuse of a minor under Iowa Code section 710.2 (2007), a class “A” felony with a mandatory sentence of life in prison. In 2014, a teenage girl reported the defendant had locked her in his bedroom and molested her eight years earlier when she was six years old. He was arrested the day after... More...   $0 (10-26-2015 - IA)

United States of America v. Marcus DeJohn Wallace

Cedar Rapids, IA - Cedar Rapids Man to Federal Prison for Distributing Heroin Resulting in Serious Bodily Injury

A man who distributed heroin to a user who nearly died from an overdose was sentenced to fourteen years in federal prison.

Marcus DeJohn Wallace, age 20, from Cedar Rapids, Iowa, received the prison term after a June 8, 2015, guilty plea to distribution of heroin resul... More...
   $0 (10-21-2015 - IA)

STATE OF IOWA vs. JOSEPH D. CERETTI

In the early morning hours of November 26, 2012, residents of a Des Moines neighborhood called 911 and reported an injured person lying in the street near the intersection of East 17th Street and Walnut Street. Police responded to the call and encountered Eric Naylor, who was covered in blood and had multiple stab wounds. Naylor received some emergency medical assistance, but his injuries were f... More...   $0 (10-23-2015 - IA)

ANGEL DEJESUS VEGA-SANCHEZ vs. STATE OF IOWA

Appeal from the Iowa District Court for Webster County, Gary McMinimee,
Judge. The applicant appeals the district court’s grant of the State’s motion for
summary disposition of his postconviction-relief application. Vega-Sanchez was convicted of first-degree murder and sentenced to life in prison. His conviction was affirmed on appeal. State v. Vega-Sanchez,
No. 10-0116, 2011 WL 4... More...
   $0 (10-18-2015 - IA)

 
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