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Iowa Death 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)

United States of America v. Jay Rickert

Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Cedar Rapids, IA - Michigan Man Pleads Guilty to Sending Fentanyl to Dubuque Overdose Victim

Thought He Was Sending a Hallucinogenic Drug That Turned Out to be Fentanyl

A man who ordered drugs from the dark web and had them shipped to a friend in Dubuque, who died after using the drugs, pled guilty on June 14, 2018, in federal court in Cedar Rapids.

Jay Rickert, age 28, ... More...
   $0 (06-18-2018 - IA)

STATE OF IOWA vs. REVELL NAVAS'JA TONEY

Around 11:00 p.m. on the evening of October 22, 2016, Revell Toney went
to a party at an acquaintance’s home. He brought a drink to the party called “dirty
Sprite,” which he testified he made by dissolving Jolly Ranchers candies and eight
to ten Xanax pills1—totaling eight to ten milligrams—in a two-liter bottle of Sprite.
He drank the dirty Sprite from a paper coffee cup tha... More...
   $0 (06-08-2018 - IA)

STATE OF IOWA vs. ISACK MAHAD ABDINUR

The victim in this case is Cori Stead, Abdinur’s girlfriend. Abdinur and Stead
had a volatile relationship. According to numerous witnesses, they argued almost
daily. Many witnesses recounted Abdinur making threats of violence and using
hateful language. By way of example, Abdinur told Stead, “You should just die. I
wish you would die. I hate you.” He accused her of chea... More...
   $0 (06-07-2018 - IA)

STATE OF IOWA v.TIMOTHY ROGER SCHROEDER

At about 7:00 a.m. on January 9, 2015, Nicole Gray’s seventeen-year-old
neighbor entered Gray’s home to care for her pets while Gray and her children
were out of the country. The minor found Gray’s boyfriend, Dustin Wilder, lying
face down in a pool of blood in the kitchen and unresponsive.
Emergency response personnel were called and determined Wilder was
deceased. L... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA vs. NORMAN WADSWORTH

Norman Wadsworth suffered from schizophrenia for decades and received
no treatment. He had a contentious relationship with the manager at his apartment
complex, Darlene Crook, who he believed was part of a government conspiracy to
kill him. Eventually, Wadsworth was evicted from his apartment. After being
homeless for several months, Wadsworth tried to take a bus to a motel.... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA vs. WONETAH EINFELDT

Wonetah Einfeldt and her two daughters were charged with willful injury causing bodily injury over a physical altercation between the three women and a fourth woman named Mulika Vinson on July 14, 2015. The case went to trial and the defendants were tried jointly. Prior to trial, the State sought to exclude all character evidence about the victim, Vinson. This included evidence related to Vinso... More...   $0 (05-05-2018 - IA)

STATE OF IOWA vs. CARL ALLEN WEST

West was an addict and dealer of methamphetamine and opiates. He
regularly used and sold methamphetamine with Matthew Cizek. Over time, West
“decided to stop giving [Cizek] drugs” because he believed Cizek was “becoming
very paranoid” and “saying lots of crazy things,” and Cizek “never seemed to have
any money” to pay for the drugs he was supposed to be selling for West. How... More...
   $0 (05-03-2018 - 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)

MARTIN SHANE MOON vs. STATE OF IOWA

In August 1990, Kevin Dickson was shot and killed. Nine years
later, the State charged Martin Moon and Casey Brodsack with first
degree murder. Brodsack pled guilty to second-degree murder in
exchange for testifying truthfully at Moon’s trial. 1See Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196–97 (1963) (“[T]he suppression by the ... 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. 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)

 
 
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