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Iowa Failure to Warn Law
 

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. MARQUIS TAYLOR

Marquis Taylor appeals the judgment and sentence following his guilty
plea to harassment in the second degree. Taylor asks us to vacate his
conviction because the plea-taking court did not tell him about the mandatory
surcharge on his fine. For the reasons described below, Taylor may pursue this
issue only by alleging his plea counsel was ineffective in failing to file a moti... 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. 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. VERNARD ARCHER

On December 7, 2014, E.W. was sleeping on a living room couch in her
boyfriend’s Iowa City apartment when she awoke at an early morning hour to find
a strange man in the room. The room was dim, lit by two or three miniature
Christmas trees, Christmas lighting strung up along the ceiling of the apartment,
a light on the stove, and lights from outdoors. Although E.W. was not we... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. KIERRA BENTLEY

On January 27, 2015, Bentley drove to West High School in Waterloo to
pick up her brother. She found him and his cousin fighting with a group who
were not students. A group of more than twenty people had gathered with some
involved in the fight, some attempting to stop the fight, and some watching. An
off-duty Waterloo police officer, Kyle Jurgensen, drove by West High Schoo... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. JERRY LEON THOMPSON

On July 9, 2015, the State charged Thompson with one count of child
endangerment resulting in bodily injury. The charge stemmed from an incident in
which Thompson used a belt to strike his thirteen–year-old daughter multiple
times. At trial, the victim testified she and her older sister were staying at
Thompson’s house for a regularly-scheduled weekend visitation on May 16, <... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. THIERNO YAYA DIALLO

COURT OF APPEALS OF IOWA

It is undisputed Diallo did not file a motion in arrest of judgment
challenging his guilty plea in the district court. See Iowa R. Crim. P. 2.24(3)(a)
(“A defendant’s failure to challenge the adequacy of a guilty plea proceeding by
motion in arrest of judgment shall preclude the defendant’s right to assert such
challenge on appeal.”); State v. Meron, 675 N.W.2d 537, 540 (Iowa ... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. DALE KUZMICKI

COURT OF APPEALS OF IOWA

Dale Kuzmicki was arrested and charged with (I) gathering where
controlled substances are used, in violation of Iowa Code section 124.407
(2015), (II) possession of methamphetamine (third offense), in violation of section
124.401(5), and (III) possession of marijuana (third offense), in violation of
section 124.401(5). Kuzmicki waived his right to trial by jury, and the case <... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. RAYMOND B. HENDERSON

COURT OF APPEALS OF IOWA

Henderson’s convictions in this matter arose from a number of
transactions whereby Henderson sold heroin to individuals conducting controlled
buys on behalf of the Davenport Police Department. On January 31, February 7,
and February 8, 2015, Henderson sold heroin to a confidential source (CS), Ryan
Moss, in the amounts of .6 grams, .6 grams, and .1 grams, respectively.
... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. SHAWN KALE NICKERSON

COURT OF APPEALS OF IOWA

On July 22, 2015, the State charged Nickerson with two counts of
possession of a firearm by a felon, a class “D” felony, in violation of Iowa Code
section 724.26(1) (2015), and one count of possession of a controlled substance
(methamphetamine), third offense, a class “D” felony, in violation of section
124.401(5). At a pretrial conference on October 6, the parties reached a p... More...
   $0 (05-09-2017 - 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. JASON SHIMAR KEYS

On December 4, 2014, a confidential informant, Jonathan Hjelle, notified
Frank Hodak, Sheriff’s Deputy and North Central Iowa Drug Task Force
investigator, that he could purchase one gram of methamphetamine from Jason
Keys later that day. Hodak then assembled other members of the task force to
conduct a controlled buy.
In preparation for the buy, Hodak met Hjelle at a ... 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)

STATE OF IOWA vs. DAVID WINSLOW DUNHAM

Dunham was charged by trial information with possession of
methamphetamine with intent to deliver in violation of Iowa Code section
124.401(1)(b)(7). The trial information indicated Dunham was a second or
subsequent offender and habitual offender pursuant to Iowa Code sections
124.411 and 902.8, respectively. Pursuant to the second or subsequent offender
and habitual off... More...
   $0 (05-07-2017 - IA)

STATE OF IOWA vs. BRIAN KERRY DEARDEN

Alleged meth dealer indicted, arrestedm

A Polk County jury found Brian Dearden guilty of possession of marijuana,
a serious misdemeanor, in violation of Iowa Code section 124.401(5) (2015);
conspiracy to deliver marijuana, a Class D felony, in violation of section
124.401(1)(d); and failure to possess a tax stamp, a Class D felony, in violation
of section 453B.12. The maximum sentence for counts II and III is a term... 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)

STATE OF IOWA vs. DARIUS A. CRAWLEY

Guilty verdict in June home robbery

For a few days prior to the June 16, 2015 robbery, Lashun Brown said that
her boyfriend and roommate, Montavis Keller, had slept with his handgun
“[b]ecause we heard we was supposed to get robbed” by Antonio Gantt, whom
both Brown and Keller knew. However, Brown asked Keller to move the gun to
the dresser because she “didn’t feel safe sleeping with it in the bed.”
After... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA v. WILHELM VONHOFSTEDER

Akron, Iowa man arrested for possible sexual abuse of 12-year-old boy.

On November 2, 2015, Wilhelm VonHofsteder was charged in a twelve
count trial information with third-degree sexual abuse, indecent contact with a
child, assault with intent to commit sexual abuse, exhibition of obscene material
to a minor, and eight counts of sexual exploitation of a minor (possession of a
visual medium depicting a minor child engaged in a prohibited sexual act)... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. SHANNON SEE

Iowa Court of Appeals

On February 17, 2015, at about 2:45 a.m., an officer with the Waterloo
Police Department was dispatched to a local gas station after receiving a report
from the gas station clerk of a suspicious occupied vehicle that had been parked
in front of the store at the gas pump for approximately thirty minutes. An officer
arrived at the scene, pulled in directly behind the vehicle, an... More...
   $0 (04-21-2017 - 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)

STATE OF IOWA vs. MARK L. KEMP

Iowa Court of Appeals

On February 27, 2015, Kemp was charged by trial information with the
following: one count of possession of a controlled substance with intent to
deliver, in violation of Iowa Code section 124.401(1)(c)(3) (2015); one count of
failure to possess a tax stamp, in violation of sections 453B.3 and 453B.12; one
count of interference with official acts causing injury, in violation of ... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. PETE JASON POLSON

Pleasant Hill shooter Pete Polson sentenced to 55 years

On November 17, 2014, at approximately 6:30 a.m., Mark Mitchell left his
home to start his vehicle, which was sitting in the driveway. As Mitchell walked
toward his truck, he was approached by a man who pulled a gun out of his
pocket and shot Mitchell in the stomach. The man fired a second shot, but the
second bullet missed Mitchell and entered the home. Mitchell was then ab... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. DAVID TYRONE

David Joiner was convicted of domestic abuse assault, in violation of Iowa
Code section 708.2A(2)(a) (2015), possession of a firearm by a felon (habitual
offender), in violation of code section 724.26(1), and trafficking in stolen weapons
(second offense), in violation of code section 234.16(A)(1)(b). In this appeal, he
raises several challenges to his convictions, including ... More...
   $0 (04-21-2017 - IA)

JORGE PEREZ-CASTILLO vs. STATE OF IOWA

Iowa Court of Appeals

Jorge Perez-Castillo appeals the district court’s denial of his application for
postconviction relief (PCR), following his conviction for two counts of murder in
the first degree and two counts of attempted murder. He raises numerous claims
of ineffective assistance of counsel, as well as various constitutional claims. We
generally review PCR proceedings for correction of err... More...
   $0 (04-21-2017 - IA)

STATE OF IOWA vs. MAURICE D. ANGEL and KEMIA B. McDOWELL

SUPREME COURT OF IOWA

In March 2015, Deputy Dan Furlong and fellow agents used a confidential source to make two crack cocaine purchases from Maurice Angel. This confidential informant had been known to Furlong and his fellow agents for three years, had provided reliable information in the past, and had not previously given false information. During those buys, which were visually recorded, Furlong and the other agen... More...   $0 (04-21-2017 - IA)

DENNIS WILLARD vs. STATE OF IOWA

SUPREME COURT OF IOWA

Dennis Willard was involved in a head-on motor vehicle accident in the late hours of November 3, 2011. Willard sustained significant injuries from the collision and was initially treated at the Genesis Medical Center East in Davenport, Iowa. While at Genesis, Willard underwent imaging studies and x-rays. One of the x-rays covered Willard’s left shoulder and showed no break or dislocation. Willa... More...   $0 (04-12-2017 - IA)

STATE OF IOWA vs. ANDRE LETROY ANTWAN HARRINGTON

Iowa Supreme Court

Andre Letroy Antwan Harrington was arrested and charged with the crime of robbery in the second degree. See Iowa Code § 711.1 (2013) (“A person commits a robbery when, having the intent to commit a theft, the person. . . [c]ommits an assault upon another.”); id. § 711.3 (“All robbery which is not robbery in the first degree is robbery in the second degree. Robbery in the second degree is a class... More...   $0 (04-12-2017 - IA)

STATE OF IOWA vs. CARLOS ENAMORADO MELENDEZ

Iowa Court of Appeals

The State charged Carlos Melendez with sexual abuse in the second
degree, in violation of Iowa Code sections 709.1(1), 709.1(3), and 709.3 (2015),
upon allegations Melendez sexually abused his girlfriend’s eleven-year-old
daughter on multiple occasions. Melendez pled not guilty, waived his right to a
jury trial, and stipulated to a bench trial on the minutes of testimony. Fol... More...
   $0 (04-06-2017 - IA)

STATE OF IOWA vs. EDWARD M. CUSIC

On December 7, 2012, officers from the Cedar Rapids Police Department
responded to a call from Cusic in which he admitted killing Labkon with a
crowbar. Officers found Labkon in her bedroom. A pill container was on her
chest and a sheathed dagger was underneath her pillow.
Cusic was arrested. On the drive to the police station, he was sleepy and
slow to respond to offi... More...
   $0 (04-06-2017 - IA)

STATE OF IOWA vs. STEPHANY RAMIREZ-HERNANDEZ

Iowa Court of Appeals

Stephany Ramirez-Hernandez, along with Liosvany Rodriguez, her
co-defendant, committed ongoing credit card fraud throughout Iowa from
April 29, to May 11, 2015. After making purchases totaling nearly $1500,
Ramirez-Hernandez and Rodriguez were arrested.
Ramirez-Hernandez and Rodriguez both retained attorney Benjamin
Bergmann (attorney Benjamin) to represent them. Ramire... More...
   $0 (04-06-2017 - IA)

JAMES WILLIAMS vs. STATE OF IOWA

COURT OF APPEALS OF IOWA

On June 11, 2008, at about 1:00 p.m., two armed men robbed the
Clark-Prime Mart in Waterloo. The men left in a black SUV. There was evidence
Williams went into the convenience store and then left shortly before the robbery,
which the State argued showed he had been casing the location.
Later on the same day, at about 5:15 p.m., an armed man robbed a Dollar
General Store... More...
   $0 (04-06-2017 - IA)

STATE OF IOWA vs. STEVEN M. SIFUENTES

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Steven Sifuentes pleaded guilty to domestic abuse assault, burglary in the
third degree, and domestic abuse assault as a third or... More...
   $0 (03-25-2017 - IA)

STATE OF IOWA vs. CHAD JOSEPH MOELLER

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Chad Moeller appeals the judgment entered on his guilty plea to
possession of heroin with intent t... More...
   $0 (03-25-2017 - IA)

GABRIEL AVILA vs. STATE OF IOWA

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On January 4, 2012, Avila was tried by jury on one count of delivery of a
controlled substance, on... More...
   $0 (03-25-2017 - IA)

STEPHEN SHAWN KEYES vs. STATE OF IOWA

Stephen Shawn Keyes was found guilty of two counts of first-degree murder for the fire-related deaths of his wife and two-year-old son in their rural Springville home during the Christmas season of 1996.

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In the early morning hours of December 26, 1996, Keyes’s wife, Sandra,
and two-year-old son, Joshua, died in a house fire. The State accused Keyes of
setting the... More...   $0 (03-24-2017 - IA)

Central Bank and Real Estates Owned, LLC v. Timothy Hogan, et al.

In this case, we deal with the question of whether participation agreements in connection with a loan transaction transferred security interests in the underlying property or only a contractual right to the proceeds from the originating bank. For the reasons expressed below, we conclude that the participating agreements transferred security interests in the underlying property to the participating... More...   $0 (03-03-2017 - IA)

STATE OF IOWA vs. ANTONIO R. GANTT

The State filed a trial information charging Gantt with burglary in the first
degree, in violation of Iowa Code sections 713.1 and 713.3 (2015), assault while
participating in a felony, in violation of section 708.3, and criminal mischief in the
second degree, in violation of sections 716.1 and 716.4, following allegations that
he attacked an occupied vehicle with a baseball ba... More...
   $0 (02-23-2017 - IA)

VICTOR ESQUIVAL SERRATO vs. STATE OF IOWA

Serrato was charged with killing Mimi Carmona, who was pregnant at the
time. Serrato and Carmona were observed arguing in the parking lot of a bar in
Muscatine, Iowa, on October 21, 2006. Carmona’s body was found in Illinois on
October 22. Serrato was convicted of first-degree murder, in violation of Iowa
Code section 707.2 (2005), and nonconsensual termination of a human More...
   $0 (02-22-2017 - IA)

STATE OF IOWA vs. TONY WANGMENG LEE

Lee went to Laos in 2010 to meet and marry M.V. When Lee brought
M.V. to the United States in June 2011, Lee’s former wife, O.L.,2 was still living
with him and was pregnant with his child. M.V. did not speak, read, or write
English and had no relatives in the United States.
In April 2012, M.V. called police and reported Lee had beaten her. Lee
was arrested, and M.V... More...
   $0 (02-22-2017 - IA)

 
 
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