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Iowa Death Law
 

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. MAR’YO D. LINDSEY JR.

On December 15, 2016, at 7:49 p.m., Waterloo dispatch received a 911 call
indicating gunshots were fired at a location in west Waterloo. When local police
responded to the call, they found a residence that had been shot twelve to
fourteen1 times. Officers made contact with the resident of the home, Christine
Williams, and her two children. Williams’s nine-year-old son had be... 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. WILLIAM JOSEPH PHIPPS

Repeat OWI offender pleads guilty in fatal crash

William Phipps appeals his sentence for (1) operating a motor vehicle while
intoxicated causing death; enhanced for leaving the scene of a motor vehicle
accident resulting in death, in violation of Iowa Code sections 707.6A(1),
321.261(4), and 902.12 (2016), and (2) leaving the scene of an accident resulting
in death, in violation of Iowa Code sections 321.261(4) and 321.263. ... More...
   $0 (01-27-2018 - IA)

STATE OF IOWA vs. ISAIAH THOMAS PAUL MOTHERSHED

Isaiah Mothershed sentenced Tuesday morning in shooting of Sioux City police officer

The jury was instructed the State would have to prove the following
elements on the first count of attempted murder:
(1) On or about February 5, 2016, in Woodburry County Iowa, Isaiah Mothershed fired or discharged a firearm, (2) By this action, Isaiah Mothershed expected to set in motion a force or chain of events which would cause or result in the death of Andrea Mann, and (3) When he... More...
   $0 (01-27-2018 - IA)

State of Minnesota vs. Daryl Negel Curtis

Man convicted in St. Paul O'Reilly parking lot murder

At around 8 p.m. on June 12, 2016, McDaniel was shot and killed in the parking lot
of an auto parts store in Saint Paul. Immediately before McDaniel was shot, he was
standing next to his cousin, Z.M., and looking under the hood of a car. At trial, Z.M.
testified that she did not see the shooter’s face, but did see a light-skinned black man
wearing a red shirt running away fro... More...
   $0 (01-13-2018 - IA)

CATHRYN ANN LINN vs. STATE OF IOWA

Jury hands down first-degree murder verdict in Linn case

In its opinion affirming Linn’s conviction on direct appeal, this court set forth
the following facts surrounding the incident leading to Linn’s charge:
Muscatine police officers were dispatched to Linn’s residence in the early morning hours of February 7, 2007, after Linn called 911 to report she had shot someone. Several officers arrived at the residence brandishing weapons. Linn ap... More...
   $0 (01-12-2018 - 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. 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)

Bill Carter v. Jason Carter

Marion County Courthouse - Knoxville, Iowa

Knoxville, IA - Jury Orders Son To Pay Father $10 for Death of Mother

Bill Carter, age 71, sued his son, Jason Carter, on a wrongful death theory claiming that his son was responsible to his wife and her son's mother. Shirley Carter, age 68, was shot to death on June 19, 2015. No one was charged in conjunction with her death.

Plaintiff claimed that his son was the cause of Shi... More...
   $0 (12-16-2017 - IA)

THOMAS LEE HANSEN, SR. vs. STATE OF IOWA

Former Iowa emergency manager sentenced for girlfriend’s murder

The State charged Hansen with first-degree murder in the shooting death
of his girlfriend, Sharon Gerot, on May 1, 2011. Although Hansen admitted to
shooting Gerot, he claimed he had only intended to scare Gerot by shooting at her
and unintentionally killed her. After trial, a jury found Hansen guilty of second
degree murder. This court affirmed Hansen’s conviction on direct a... 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)

GUSTAVO SIERRA vs. STATE OF IOWA

Iowa Court of Appeals

Sierra was charged with several crimes in connection with the death of his
wife. He moved to suspend the proceedings on the ground that he was not
competent to stand trial. The district court granted the motion and committed
Sierra to the Iowa Medical and Classification Center for a competency evaluation.
At a subsequent hearing, the district court found him competent to st... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. ROBERT CHARLES STERN

On July 9, 2015, police officers responded to a 911 call made by Stern.
After arriving at his home, officers found Stern seated in a recliner in the living
room and Stern’s daughter in a back bedroom; she was recently deceased from
gunshot wounds. When asked if he would be willing to go to the police station to
be interviewed, Stern agreed to go. Officers helped him stand an... More...
   $0 (11-11-2017 - IA)

STATE OF IOWA vs. JAMES ERNST II

Judge sentences Ernst to life for December 2014 murder

The record reflects the following. On the evening of December 5, 2014,
Ernst rented a white Lincoln MKX in Cedar Rapids and drove to Waterloo
accompanied by his friend Iviontae Jackson. Around 1:00 a.m., Jackson and
Ernst met up with friends Shaumara Taylor and Katie Werner. For a reason
never resolved at trial, the group stopped at a local convenience store. At the
co... More...
   $0 (11-11-2017 - IA)

STATE OF IOWA vs. ALEJANDRO ANDRES LIRA

Iowa Supreme Court

Lira and Michael Dewispelaere were associated drug dealers in the Quad
Cities area. Dewispelaere would sell drugs to Lira, and Lira would repay him with
cash or different drugs. Late in July 2015, Dewispelaere gave Lira two pounds of
marijuana. Lira did not pay the full purchase price at the time of the exchange
and was expected to pay about $5000 to Dewispelaere when Lira s... More...
   $0 (10-31-2017 - IA)

STATE OF IOWA vs. MARCOS FIDEL CASTANEDA

Iowa Court of Appeals

The jury was instructed the State would have to prove the following
elements of attempted murder:
1. On or about February 14, 2016, Defendant shot Hugo Salinas with a firearm. 2. By his acts, Defendant expected to set in motion a force or chain of events which would cause or result in the death of Hugo Salinas. 3. When Defendant acted, he specifically intended to cause the death of Hu... More...
   $0 (07-24-2017 - IA)

STATE OF IOWA vs. JONATHAN ANTOINE BROWN

Gang members arrested in D.M. stabbing

Jonathan Brown appeals the judgment entered after a jury convicted him
of second-degree murder for his role in the death of Timothy Washington, who
died after suffering multiple stab wounds in a fight that began at a house party in
the early morning hours of June 21, 2015. Witnesses saw Brown in a group
fighting Washington, and several of those witnesses saw Brown holding a kn... More...
   $0 (07-24-2017 - IA)

STATE OF IOWA vs. JOSHUA DAVID JOHNSON

Iowa Court of Appeals

We review challenges to terms of probation for abuse of discretion. See
State v. Valin, 724 N.W.2d 440, 444 (Iowa 2006). Our “task on appeal is not to
second guess the decision made by the district court, but to determine if it was
unreasonable or based on untenable grounds.” Id. at 445.
II. Analysis
Johnson argues the terms of his probation were not reasonably related... More...
   $0 (07-24-2017 - IA)

KEVIN SELLERS vs. STATE OF IOWA

Murder in the second degree

Kevin Sellers beat to death his girlfriend Laura Welch. The State charged
Sellers with murder in the second degree. The parties reached an agreement
pursuant to which the State amended the trial information to charge Sellers with
attempted murder and two counts of willful injury causing serious injury, and
Sellers agreed to proceed with a bench trial on the minutes of testimo... More...
   $0 (07-24-2017 - IA)

STATE OF IOWA vs. LOREN ANTON GOODWIN III

Iowa Court of Appeals

Loren Goodwin III appeals the sentence imposed upon his pleas of guilty
to possession of methamphetamine, second offense, and eluding, in violation of
Iowa Code sections 124.401(5) and 321.279(2) (2016), both aggravated
misdemeanors. The plea agreement called for the State to dismiss other
pending charges and to make a sentencing recommendation of a two-year
suspended sen... More...
   $0 (06-17-2017 - IA)

VICTOR RIVERA vs. STATE OF IOWA

Rivera sentenced for November 2014 motorcycle accident

Victor Rivera, while driving under the influence of alcohol, caused a traffic
accident that killed a motorcyclist and seriously injured the motorcyclist’s
passenger. Rivera fled the scene in his vehicle and led officers on a short chase
before he was apprehended. Rivera pleaded guilty to unintentionally causing the
death of another by operating a motor vehicle while intoxicat... More...
   $0 (06-17-2017 - IA)

RYAN NICHOLAS TROWBRIDGE vs. STATE OF IOWA

Former Fairfield man finds more trouble in prison

Ryan Trowbridge appeals from the denial of his application for
postconviction relief (PCR). He claims trial counsel was constitutionally
ineffective in failing to “accurately and properly advise [him] in waiving his
constitutional right to confrontation as to Dr. [Carole] Jenny and allowing her to
testify in rebuttal by telephone.”
Generally, our review of PCR proceedi... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. CHARLES EMANUEL HALL

Bedford man sentenced to life without parole for murdering daughter

In July 2015, Hall was charged by trial information with murder in the first
degree and child endangerment resulting in serious injury. His three-year-old
daughter, J.K., was the alleged victim in each instance.
The charges were tried to a jury in January 2016.
The State’s first witness was Hall’s live-in girlfriend, April Clair. Clair
testified J.K. had been staying... More...
   $0 (06-15-2017 - IA)

DAVID M. GONZALES BECERRA vs. STATE OF IOWA

Convictions upheld on appeal for 2 murderers

David Gonzales Becerra appeals the denial of his application for
postconviction relief (PCR), which challenges his conviction of first-degree
murder for the role he played in the 2003 death of Oscar Flores. This court
affirmed his conviction on direct appeal in State v. Becerra, No. 04-0567, 2005
WL 3115330, at *1 (Iowa Ct. App. Nov. 23, 2005). Nearly eight years after our More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. MARCEL ROSE

Iowa Court of Appeals

Marcel Rose and Amanda Guzzle resided together and were involved in a
romantic relationship. Rose and Guzzle knew a mutual acquaintance, Sarah
Medina. On July 6, 2015, Rose and Guzzle were alone at Medina’s residence in
the living room when they began to argue. The argument then turned physical,
and according to Guzzle’s testimony, she ended up on the couch with Rose on
... More...
   $0 (06-15-2017 - IA)

MATTHEW J. ELLIOTT vs. STATE OF IOWA

Iowa Court of Appeals

Matthew Elliott was convicted of willful injury causing serious injury and
child endangerment resulting in death. On appeal, his convictions were vacated,
and the matter was remanded for a new trial. See State v. Elliott, 806 N.W.2d
660, 675 (Iowa 2011) (concluding the admission of hearsay evidence resulted in
prejudicial error to Elliott and remanding for a new trial). On r... More...
   $0 (06-15-2017 - IA)

VINCENT A. RAMOS vs. STATE OF IOWA

Iowa Court of Appeals

Vincent Ramos appeals from the summary dismissal of his 2015
postconviction-relief (PCR) application challenging his 2003 conviction for first
degree kidnapping. Ramos asserts the jury instructions given at trial were
defective because they failed to include language that would comply with State v.
Rich, 305 N.W.2d 739 (Iowa 1981),1 and “more importantly the recent case of
... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. JOHN DAVID GREEN

2 words lead to mistrial in case where remains of man's friend were found buried in basement

Mark Koster lived in a one-bedroom house in Sac City. In 2009, he seemingly disappeared from the area without notice. Police were alerted after mail began to accumulate in the mailbox at his house and he stopped paying his utility bills. Police found a handwritten note attached to the back door of Koster’s house. The note indicated he had gone to Florida for the winter and would return in the ... More...   $0 (06-14-2017 - IA)

STATE OF IOWA vs. BRADLEY STEVEN GRAHAM

In this case, Bradley Graham, a juvenile offender convicted of one count of sex abuse in the third degree, challenges his lifetime special sentence of parole and the lifetime requirement that he register as a sex offender as cruel and unusual punishment under the Eighth Amendment of the United States Constitution and under article I, section 17 of the Iowa Constitution. The district court held Gr... More...   $0 (05-29-2017 - IA)

STATE OF IOWA vs. TROY LEE MURE, JR.

Driver in fatal crash had tarnished record

On the morning of November 23, 2015, Mure was driving his girlfriend,
Scalicity Boyd, in her vehicle in the Drake University neighborhood of Des
Moines. As Mure and Boyd traveled southbound on 34th Street, Mure noticed a
silver Cadillac pull onto the street following them. Mure turned right onto
University Avenue and then proceeded to the middle turn lane to turn left onto More...
   $0 (05-11-2017 - 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)

CURTIS JOHNSON-JEFFERS III vs. STATE OF IOWA

Curtis Johnson-Jeffers III appeals the district court’s denial of his
application for postconviction relief (PCR). In his PCR application, Curtis
claimed, in relevant part, his guilty plea to the charge of stalking was not
knowing, intelligent, and voluntary and his trial counsel was ineffective for
allowing him to plead guilty to the stalking charge without a factual basis. ... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. NGOR MAKUEY

Makuey gets life in prison for east Des Moines slaying

Ruppert and Harriet Anderson, residents of Des Moines, had an animal
boarding business operated by their grandson that was adjacent to their home.
Ruppert was ninety-seven years old and Harriet was ninety-two on July 2, 2014,
when they received a knock at their door. Harriet assumed someone was
wanting to pick up an animal and opened the door. She observed a young man
an... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. NICHOLAS JOHN LUERKENS

Luerkens Sentenced to Life for Stabbing Ex-Girlfriend in Hy-Vee Parking Lot

The facts as presented at trial demonstrate that Luerkens and Lynnsey
were involved in a romantic relationship beginning in January 2014. Lynnsey
and her son, A.D., moved in with Luerkens, but in December 2015, she moved
out to live with a friend due to Luerkens’s drinking issues. In February 2015,
Luerkens went to a doctor for symptoms associated with depression. He
ob... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. GLENN LEE MCGHEE

Appeal denied in 1972 tavern shooting

Glenn McGhee appeals from the sentences imposed by the district court
at his 2015 resentencing. In 1972, when he was a minor, McGhee took part in a
robbery of a bar that ultimately resulted in the death of a bartender and two
patrons; two others were also injured. After a jury trial, McGhee was convicted of
three counts of murder in the first degree, three counts of robbery, ... More...
   $0 (05-09-2017 - IA)

   ALLEN KILLINGS vs. STATE OF IOWA

Police charged man in Des Moines killing

Allen Killings was convicted of murder in the first degree. This court
affirmed his conviction on direct appeal. See State v. Killings, No. 09-0739, 2010
WL 3894161, at *1 (Iowa Ct. App. Oct. 6, 2010). Killings now appeals from the
denial of his application for postconviction relief, contending his postconviction
counsel was ineffective in two respects. First, Killings claim... More...
   $0 (05-09-2017 - 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)

JAMES E. WRIGHT, JR. vs. STATE OF IOWA

Judge Overturns Murder Conviction in 2000 Iowa Pub Shooting

In State v. Heemstra, 721 N.W.2d 549, 558 (Iowa 2006), the supreme
court held willful injury cannot serve as the predicate felony for felony murder “if
the act causing willful injury is the same act that causes the victim’s death.” The
court limited application of this new rule “only to the present case and those
cases not finally resolved on direct appeal in which the issue h... More...
   $0 (04-21-2017 - IA)

 
 
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