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Iowa Death Law
 
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)

KEVIN PRUISNER vs. RODNEY BALLHAGEN

Starting in August 2005, Pruisner and Ballhagen entered into a contract1
for Pruisner to deliver to Ballhagen SEW2 and feeder3 pigs on a routine basis.4
Under the terms of the contract, Pruisner paid for the feed, transportation, and
veterinary services and medication for the hogs, and Ballhagen provided daily
care until the hogs reached market weight. Pruisner paid Ballhagen... More...
   $0 (10-17-2015 - IA)

United States v. Randy Patrie

Cedar Rapids, IA - Eighth Circuit affirms conviction of felon in possession of saw-off shotguns

Randy Patrie pled guilty to being a felon in possession of firearms and to
possession of sawed-off shotguns. At sentencing, the district court1 found (1) that
Patrie had committed first degree murder and thus that it would be appropriate to
apply the cross reference for murder, and ... More...
   $0 (07-27-2015 - IA)

United States v. Trey Boykin

Trey Michael Boykin was convicted of one count of kidnapping, in violation
of 18 U.S.C. § 1201, and one count of conspiracy to distribute marijuana, in violation
of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D), and 846. On appeal, Boykin argues that the
1The Honorable Patrick J. Schiltz, United States District Judge for the District
of Minnesota, sitting by designation.
superseding ind... More...
   $0 (07-24-2015 - IA)

State of Iowa v. Stephen Robert Jonas

Des Moines, IA - The State of Iowa charged Stephen Robert Jonas, age 50, with second-degree murder in the stabbin gdeath of Zachary Paulsen, age 21, on August 23, 2014 in the lot behind Dean Paulsen & Sons Contractors. Paulsen was stabbed 35 times.

The State claimed that Jonas had made a sexual advance at Paulsen a week prior to the stabbing.

Jonas claimed self defense claiming... More...
   $0 (07-18-2015 - IA)

State of Iowa v. Yvette Marie Louisell

Recent decisions of this court have explored the constitutionality of
criminal sentences for juvenile offenders. See generally State v. Lyle, 854
N.W.2d 378 (Iowa 2014); State v. Ragland, 836 N.W.2d 107 (Iowa 2013);
State v. Pearson, 836 N.W.2d 88 (Iowa 2013); State v. Null, 836 N.W.2d
41 (Iowa 2013). Today we consider the nature and extent of a court’s
discretion in resenten... More...
   $0 (06-26-2015 - 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 ... More...
   $0 (06-26-2015 - IA)

Danny Homan v. Terry Branstad

During the 2013 legislative session, the Iowa General Assembly appropriated funds for the operation of the Iowa Juvenile Home (IJH) in Toledo for the 2014 fiscal year (July 1, 2013 to June 30, 2014). Approximately five months into that fiscal year, the Iowa Department of Human Services (DHS) decided to close the home and find alternative, judicially approved placements for the twenty-one girls who... More...   $0 (05-29-2015 - IA)

United States of America v. Jonathan Youngbear

Cedar Rapids, IA - A man who committed murder on the Meskwaki Nation Settlement was sentenced to twenty-five years in federal prison.

Jonathan Youngbear, 21, from the Meskwaki Nation Settlement, Iowa, received the prison term after a January 28, 2015, guilty plea to one count of second degree murder in “Indian Country.”

In a plea agreement, Youngbear admitted that he stabbed ... More...
   $0 (05-13-2015 - IA)

United States of America v. Mary Ann Ramos



A mother and her son who were convicted of selling synthetic cannabinoids (commonly known as “K2”) and synthetic cathinones (commonly known as “bath salts”) from two eastern Iowa businesses were sentenced today in federal court in Cedar Rapids to [several years in] federal prison.

“Synthetic drugs are illegal and present a grave danger to our community, particularly ou... More...
   $0 (03-02-2015 - IA)

United States of America v. Alvin Stanley Briggs, Jr.

Cedar Rapids, IA - A man whose conviction for distributing heroin to a person who died of a heroin overdose was overturned earlier this year was sentenced in federal court to serve 30 years in prison.

Alvin Stanley Briggs, Jr., age 51, from Dubuque, Iowa, received the prison term after a October 30, 2014, guilty plea to distribution of heroin resulting in death. Briggs initially pled gui... More...
   $0 (12-23-2014 - IA)

United States of America v. Alvin Stanley Briggs, Jr.

Cedar Rapids, IA - A man who sold heroin to a person who overdosed and died from using the heroin pled guilty for the second time on October 30, 2014.

Alvin Stanley Briggs, Jr., age 50, from Dubuque, Iowa, was convicted of distribution of heroin resulting in death. At the plea hearing, Briggs admitted that on July 3, 2012, he sold $100 worth of heroin to an individual identified as S.R.... More...
   $0 (10-31-2014 - IA)

United States of America v. Ramon Cortez Freeman

Cedar Rapids, IA - A Cedar Rapids man who distributed heroin that caused a heroin overdose death pled guilty on November 24, 2014, in federal court in Cedar Rapids.

Ramon Cortez Freeman, age 35, from Cedar Rapids, Iowa, was convicted of distribution of heroin resulting in death, three counts of distributing heroin, and being a felon in possession of a firearm and ammunition.

At t... More...
   $0 (11-26-2014 - IA)

Christine Wagner v. State of Iowa

Christine Wagner, individually and as the executor of Janice Brissey’s estate, appeals from the district court’s denial of her motion for new trial and judgment notwithstanding the verdict. She asserts the verdict is inconsistent with the facts of the case because the driver of the vehicle that struck Brissey’s car was—at least to some degree—negligent. Because we conclude that, given th... More...   $0 (10-15-2014 - IA)

IN RE THE MARRIAGE OF MATTHEW R. SEVERIN AND BOUAPHAN S. SEVERIN Upon the Petition of MATTHEW R. SEVERIN, Petitioner-Appellant/Cross-Appellee, And Concerning BOUAPHAN S. SEVERIN, Respondent-Appellee/Cross-Appellant.

Matthew Severin appeals from the decree dissolving his marriage to Bouaphan Severin. Matthew asserts (1) the district court’s award of alimony is excessive and (2) the district court erred in awarding Bouaphan the marital home without requiring a cash equalization payment to Matthew of half the home’s equity. Bouaphan cross-appeals arguing the award of alimony is insufficient. We affirm as to ... More...   $0 (08-13-2014 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. KENDALL LEE WARE, Defendant-Appellant.

Kendall Lee Ware appeals his conviction for homicide by vehicle by operating while intoxicated, in violation of Iowa Code sections 321J.2 and 707.6A(1) (2011). Ware claims the district court erred in refusing to instruct on homicide by vehicle by reckless driving as a lesser included offense. See Iowa Code §§ 321.277, 707.6A(2)(a). We find homicide by vehicle by reckless driving is not a lesser ... More...   $0 (08-14-2014 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. JUSTIN DONALD HUFFMAN, Defendant-Appellant.

Justin Huffman appeals his conviction and sentence for theft in the second degree, pursuant to Iowa Code sections 714.1(1) and 714.2(2) (2011). Huffman maintains there was insufficient evidence to support the guilty verdict. He also maintains the district court erred by accepting inconsistent verdicts. Because we find substantial evidence supports Huffman’s conviction and the verdicts were not l... More...   $0 (08-13-2014 - IA)

IN RE THE MARRIAGE OF NEWELL JOSEPH SCHMIDT AND MARSHA GAIL SCHMIDT Upon the Petition of NEWELL JOSEPH SCHMIDT, Petitioner-Appellant/Cross-Appellee, And Concerning MARSHA GAIL SCHMIDT, Respondent-Appellee/Cross-Appellant.

Newell Joseph Schmidt (Joe) appeals from the district court’s order for spousal support issued with its decree of dissolution of his marriage to Marsha Schmidt. He asserts the district court improperly awarded Marsha lifetime spousal support and requests the support order be modified to expire in three years. Marsha cross-appeals the order and requests the support order be modified to increase t... More...   $0 (08-13-2014 - IA)

Martha Duban v. Waverly Sales Co.

Thomas and Martha Duban brought a negligence action against Waverly Sales
Company (Waverly) arising out of injuries Martha sustained when she was stepped
on by a horse at a Waverly draft horse auction. The district court1 denied Waverly’s
1The Honorable Jon Stuart Scoles, United States Magistrate Judge for the
Northern District of Iowa, to whom the case was referred for final dis... More...
   $237535 (07-28-2014 - IA)

United States v. William Robison

On April 18, 2012, Cedar Rapids police officers responded to a report that a
shot had been fired at the residence of Laura Fluke, the mother of eighteen-year-old
William Robison. The officers interviewed individuals present at Fluke’s residence,
including Jenna Moser, and learned that Fluke had been assaulted by her boyfriend,
Shane Manley, on the front porch. Moser told the offi... More...
   $0 (07-22-2014 - IA)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

Velma J. Hussemann v. Herbert J. Hussemann, Jr.

This conflict-of-laws case requires us to determine whose state law governs the enforceability of mutual clauses in a postnuptial agreement that waived each spouse’s elective share. Two Florida residents were married in Florida in 1991. A few months later, they signed a postnuptial agreement in Florida. The agreement expressly provided that Florida law would apply. The married couple subsequentl... More...   $0 (05-23-2014 - IA)

United States of America v. Lafayette James Twyner, Jr.

The United States Attorney for the Southern District of Iowa, Nicholas A. Klinefeldt, announces that Lafayette James Twyner, Jr., age 64, a former doctor in Newton, Iowa, pleaded guilty in United States District Court on February 21, 2014, to one count of health care fraud and one count of illegal distribution of a schedule III controlled substance resulting in death, announced United States Attor... More...   $0 (02-21-2014 - IA)

 
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