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Iowa Failure to Warn Law
 
STATE OF IOWA vs. MICHAEL ANTHONY

In August 2014, Anthony and the complaining witness began exchanging
argumentative messages on a social networking website. Events escalated
when Anthony began posting threatening language directed at the complaining
witness. On August 5, Anthony went to the complaining witness’s home. The
complaining witness and another witness both told officers that Anthony pulled a
... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. KENDALL CHAVEZ JOHNSON

In August 2015, Johnson was charged by trial information in six separate
counts with first-degree burglary, assault while displaying a dangerous weapon,
false imprisonment, interference with official acts, and two counts of child
endangerment. In exchange for Johnson’s agreement to plead guilty to a lesser
included offense of second-degree burglary and the assault-while-display... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. SHAUN MICHAEL SAVALA

During the summer of 2015, Savala began staying at his mother’s home.
His mother allowed him to stay at her home on the condition that Savala refrain
from using methamphetamine. During one of his stays, Savala began
withdrawing from the effects of methamphetamine and began displaying volatile
and aggressive behavior. This led Savala’s mother to lock the door after him one More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. LUCAS KYLE DANIELS

Lucas Daniels appeals following his guilty plea to domestic abuse assault,
second offense, an aggravated misdemeanor, in violation of Iowa Code section
708.2A(3)(b) (2015). He claims the sentencing court violated his right to
allocution.
Daniels filed a written guilty plea in which he asked the court to waive the
guilty plea procedures that required the district court ... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. AARON LEE STINDE

Twenty-year-old A. and Stinde became acquainted through work and
began dating, which developed into an intimate relationship. They lived together
off and on for about three months. They were not living together on January 15,
2014, but at about 9:30 p.m., they went to the Quad City Inn for the purpose of
having consensual sex. They took A.’s car, and she paid for the room re... More...
   $0 (09-16-2016 - IA)

RONALD JAMES TAYLOR vs. STATE OF IOWA

On November 7, 2011, Taylor was charged by trial information with four
counts of second-degree sexual abuse, class “B” felonies, based on allegations
he committed sex acts with a minor between June 2010 and March 2011. The
matter proceeded to trial on March 13, 2012. After jury selection but prior to the
start of testimony, the State advised Taylor it intended to file additio... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. SHANTEL C. TEMPLE

In May 2012, Temple pleaded guilty to criminal mischief in the third degree
and proceeded to immediate sentencing. The district court granted Temple’s
request for a deferred judgment and placed Temple on probation for two years.
Temple’s probation agreement required her to, among other things, “obey all
Federal, State and Local laws” and to have a valid driver’s license and l... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. JESHUA DAVID DIVIS

For entertainment on Black Friday morning, Cassandra Stever and her
mother decided to gamble at Ameristar Casino in Council Bluffs. After some
initial success on the slot machines, Stever’s luck soured, and she moved to a
different bank of machines away from the spot where her mother was playing.
At her new location, a man later identified as Divis sat down next to
S... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. JENNIFER MARY BEADER

Jennifer Beader appeals revocation of her deferred judgment and
imposition of judgment and sentence on her conviction for theft in the third
degree. She claims her admissions that she violated probation by failing to pay
restitution and being out of contact with her probation officer violated her due
process rights because the admissions should have been subject to the same More...
   $0 (09-15-2016 - IA)

STATE OF IOWA vs. KHASIF RASHEED WHITE

White entered an Alford plea to three counts of second-degree robbery, in
violation of Iowa Code sections 711.1 and 711.3 (2009). In conjunction with a
plea agreement, White was sentenced to ten years on each count to be served
concurrently. White’s sentence also included a seven-year mandatory minimum.
At the time the crimes occurred, White was seventeen years old.
F... More...
   $0 (09-15-2016 - IA)

STATE OF IOWA vs. PAUL JOSEPH BORUCH

Briefly, the salient facts are that Boruch and the victim were employees of
a traveling carnival. They shared a semitrailer for storage, and their sleeping
quarters—called “possum” or “pot” bellies—were on opposite sides of the same
trailer. On an evening after working at the Dallas County fairgrounds, they ended
up at a bar, drinking several alcoholic beverages and playing p... More...
   $0 (09-15-2016 - IA)

TIMOTHY S. BENJEGERDES vs. STATE OF IOWA

In 2009, a jury convicted Benjegerdes of one count of sexual abuse in the
third degree, in violation of Iowa Code sections 709.1(3) and 709.4(2)(b) (2009).1
Benjegerdes’s conviction was affirmed on direct appeal. State v. Benjegerdes,
No. 09-1230, 2011 WL 3925411, at *4 (Iowa Ct. App. Sept. 8, 2011). In 2012,
Benjegerdes filed an application for postconviction relief, claimi... More...
   $0 (09-15-2016 - IA)

United States of America v. Donna and Randall Hanson

Davenport, IA - Solon Couple Sentenced to Probation for False Statements to Social Security Administration

On August 30, 2016, Donna and Randall Hanson of Solon, Iowa, were sentenced by Chief United States District Court Judge John A. Jarvey to four (4) years of probation for false statements made to the Social Security Administration, announced United States Attorney Kevin E. VanderSchel... More...
   $0 (09-01-2016 - IA)

STATE OF IOWA vs. ANNA MARIE WARE

As part of a plea agreement, Ware pled guilty to OWI, third offense, in
violation of Iowa Code section 321J.2 (2015), a class “D” felony; possession of a
controlled substance (methamphetamine), second offense, in violation of section
124.401(5), an aggravated misdemeanor; carrying weapons, in violation of
section 724.4(1), an aggravated misdemeanor; and operating a vehicle with... More...
   $0 (08-12-2016 - IA)

STATE OF IOWA vs. SHANNON DEMARKUS YOUNG

Shannon Young appeals his convictions following his guilty pleas to
possession with intent to deliver a controlled substance—cocaine salt
hydrochloride—in violation of Iowa Code section 124.401(1)(c)(2)(b) (2015), and
forgery, in violation of Iowa Code sections 715A.2(2)(a)(3). He claims his
attorney improperly pressured him to plead guilty in order to avoid drug charges
... More...
   $0 (08-12-2016 - IA)

CHARLES DEAN WHITE vs. STATE OF IOWA

Charles White appeals from the district court’s grant of summary judgment
to the State in this postconviction relief (PCR) proceeding. Because the State did
not prove material facts are undisputed, we reverse and remand for further
proceedings.
On June 5, 2012, following a jury trial, judgment and sentence were
entered upon White’s conviction for three counts of second... More...
   $0 (08-12-2016 - IA)

EUGILIA VIDAD LIMON-OLSON vs. STATE OF IOWA

Eugilia Vidad Limon-Olson raises only two issues on appeal of the
dismissal of her application for postconviction relief: (1) whether trial counsel
provided ineffective assistance by failing to require a verbatim record of the
hearing that resulted in dismissal of her application, and (2) whether the court
erred in dismissing her application after a hearing for which no record ... More...
   $0 (08-12-2016 - IA)

MICHAEL SHAWN REYNA vs. STATE OF IOWA

The background of Michael Reyna’s 2006 conviction on three counts of
attempted murder and his prior claims of ineffective assistance of trial counsel
are adequately set forth in our prior opinion dealing with the appeal from Reyna’s
first application for postconviction relief (PCR), in which we determined Reyna’s
trial counsel was not ineffective as asserted. Reyna v. State, N... More...
   $0 (08-12-2016 - IA)

STATE OF IOWA vs. JOHNNEY RAY NOOTENBOOM

Johnney Ray Nootenboom appeals his judgment and sentence, alleging
his guilty plea was not entered knowingly and voluntarily because the district
court failed to advise him of the applicable special-sentence provision under Iowa
Code section 903B.2 (2015). Nootenboom concedes he failed to file a motion in
arrest of judgment, see Iowa R. Crim. P. 2.24(3)(a) (“A defendant’s fail... More...
   $0 (08-12-2016 - IA)

LUIS RAMON CRUZ AYABARRENO vs. STATE OF IOWA

In 2013, a jury found Ayabarreno guilty of robbery in the first degree. That
conviction was affirmed on direct appeal. See State v. Ayabarreno, No. 13-0582,
2014 WL 465761, at *5 (Iowa Ct. App. Feb. 5, 2014). 1 Ayabarreno filed a pro se
PCR application on various grounds on May 1, 2014, in which he categorically
alleged “ineffective counsels [sic] for failing to raise and/or... More...
   $0 (08-11-2016 - IA)

ROBERTO MORALES DIAZ vs. STATE OF IOWA

In January 2013, Toledo Police Officer McMillen and Tama County Officer
Bina were dispatched to a residence concerning a verbal domestic incident.
When the officers arrived they spoke with Morales and his then-girlfriend. Due to
communication issues, McMillen requested a translator. Morales would not allow
the officers to enter the residence, and, owing to the cold, McMillen... More...
   $0 (08-11-2016 - IA)

ANTHONY LEWIS PEACHER vs. STATE OF IOWA

Anthony Peacher was adjudicated delinquent for the offense of assault
with intent to commit sexual abuse on November 22, 2000, and again on
December 3, 2001. On January 31, 2004, Peacher turned eighteen years old.
The juvenile court held a hearing concerning the deferred question whether
Peacher would be required to register as a sex offender. On February 24, 2004,
the ... More...
   $0 (08-11-2016 - IA)

STATE OF IOWA vs. MARIAH MAE WOLFE

On April 12, 2013, Wolfe was charged with burglary in the third degree
and theft in the second degree. On May 7, pursuant to a plea agreement, Wolfe
pleaded guilty to burglary in the third degree, in violation of Iowa Code sections
713.1 and 713.6A. The district court accepted Wolfe’s guilty plea, granted her
request for a deferred judgment, and placed her on probation for a ... More...
   $0 (08-11-2016 - IA)

ALBERT BENNY WHITESIDE vs. STATE OF IOWA

In 2000, a jury convicted Whiteside of kidnapping in the first degree and
sexual abuse in the third degree. His conviction was affirmed on appeal. See
State v. Whiteside, No. 00-941, 2001 WL 709540, at *5 (Iowa Ct. App. June 13,
2001). Whiteside filed his first PCR application in 2001, which was denied. The
appeal of the denial was dismissed as frivolous and procedendo issu... More...
   $0 (08-10-2016 - IA)

RANDY ALAN ZAABEL vs. STATE OF IOWA

Zaabel first argues his trial counsel was ineffective in failing to present
certain evidence at trial. Zaabel has continued to correspond with his trial
lawyers, Kevin Fors and Leonard Holland, post-conviction. Zaabel claims he has
learned, since his first application for postconviction relief, Fors found additional
blood and brain tissue left at the Mining Boulevard site aft... More...
   $0 (08-10-2016 - IA)

STATE OF IOWA vs. ANDREW WILLIAM SCHLACHTER

Schlachter was initially charged with driving while intoxicated, third
offense, and other misdemeanor charges. The plea agreement reached between
Schlachter, his counsel, and the State provided as follows.
State will amend to OWI 2nd Δ will plead State will recommend 180 days all but 30 suspended Minimum fine Dismiss simples
The State amended the charge to a second-offen... More...
   $0 (08-10-2016 - IA)

STATE OF IOWA vs. SETH ANDREW TECHEL

Seth and Lisa Techel married in October 2011 and lived in rural Agency.
Lisa worked as a jailer in Washington County, but she had aspirations to become
a deputy sheriff like her father, Todd Caldwell, a longtime deputy sheriff in
Wapello County. Seth also aspired to become a deputy sheriff and had interned
with the Wapello County Sheriff’s Office. Seth worked as a security g... More...
   $0 (08-10-2016 - IA)

STATE OF IOWA vs. JAYME SUE SCHROEDER

On October 9, 2012, Jayme Sue Schroeder was charged by trial information with
the crime of possession of precursors with intent to manufacture, a class “D” felony, committed as follows: . . . Schroeder on or about the 24th day of July, 2012, . . . did possess pseudoephedrine and sodium hydroxide with the intent that the products be used to manufacture a controlled substance, in violation of I... More...
   $0 (08-10-2016 - IA)

Christopher Beckman v. State of Indiana

On March 31, 2015, Beckman got into an argument with Daniel Mashburn,
who was seeing a former girlfriend of Beckman’s, at a local church. Following
the argument, Beckman confronted Mashburn in an adjacent parking lot.
Beckman removed a box cutter from his clothing and used it to attack
Mashburn. The pastor of the church, James A. Cross, Jr., observed Beckman
... More...
   $0 (07-04-2016 - IA)

BRENT LEE SANER vs. STATE OF IOWA

Saner was convicted of murder for his role in the 2004 killing of Michael
Harper Jr. After this court affirmed his conviction on direct appeal, see State v.
Saner, No. 05-0527, 2006 WL 3613680, at *1 (Iowa Ct. App. Dec. 13, 2006),
Saner filed his pro se PCR application in June 2007, alleging ineffective
assistance of counsel. The case languished for seven years. In July 2014... More...
   $0 (07-03-2016 - IA)

STATE OF IOWA vs. ANDRE LETROY ANTWAN HARRINGTON

On December 4, 2013, Harrington selected a cart full of merchandise
totaling almost $900 and walked out of a store without paying, intending to
commit a theft. As Harrington was leaving the store, a manager stopped him and
asked about the items in his cart. Harrington responded by turning around and
hitting the manager in the face. He then tried to recover the cart that had ... More...
   $0 (07-03-2016 - IA)

JOSEPH MICHAEL STEPHEN, vs. STATE OF IOWA

Shortly after 1:00 a.m. on April 13, 2009, Officer Paul Parizek observed a
pickup truck with an equipment violation and activated his emergency lights. As
driver Michael Scopa started to pullover, Parizek observed passenger Joseph
Stephen “moving around, kind of shifting from side to side in his seat.” Because
the stop occurred in a remote, dark area, Parizek approached the t... More...
   $0 (07-03-2016 - IA)

TERENCE DEVELL SLATER vs. STATE OF IOWA

Terence Slater appeals a ruling from the district court denying him
postconviction relief. He argues his trial counsel was ineffective for failing to
seek a continuance to examine surveillance videotapes. On appeal, he
additionally argues his postconviction counsel was ineffective for failing to call his
trial counsel to testify at the hearing on his application for postconvi... More...
   $0 (07-03-2016 - IA)

TYRONE DEMARIO BRYSON vs. STATE OF IOWA

The evidence introduced at the criminal trial established that in the early
morning hours of March 4, 1999, sixty-seven-year-old B.S. was attacked in her
Des Moines home. The perpetrator, later identified by B.S. and confirmed by
DNA evidence, was Bryson. During the attack, Bryson performed oral sex on
B.S. and forced B.S. to perform oral sex on him. Then B.S. insisted she n... More...
   $0 (07-03-2016 - IA)

STATE OF IOWA vs. JOHN ARTHUR SENN JR.

In the early morning hours of Labor Day, September 1, 2014, Officer Brian Cuppy was on patrol in downtown Des Moines when he saw a truck eastbound on Court Avenue stop for a red light in the middle of the intersection with Water Street with its “back tires . . . more than five feet past the cross walk.” Officer Cuppy followed the truck, activated his police cruiser’s flashing lights, and initiate... More...   $0 (06-25-2016 - IA)

STATE OF IOWA vs. ANTHONY ANGEL ZARATE

In 2011, Anthony Zarate was convicted of five counts of first-degree
robbery for offenses committed when he was seventeen years old. He was
sentenced to concurrent terms not to exceed twenty-five years with a seventy
percent mandatory minimum. All but one of those convictions was set aside on
appeal. See State v. Zarate, No. 11-0530, 2012 WL 652449, at *11 (Iowa Ct.
App... More...
   $0 (06-19-2016 - IA)

MARK DOTSON vs. STATE OF IOWA

In 1999 Dotson committed the crime of first-degree robbery in Johnson
County, Iowa. He then went to Wisconsin and committed other crimes. Dotson
was taken into custody in Wisconsin on June 25, 1999. On June 28, 1999, a
warrant for his arrest was issued in Johnson County, and Iowa officials contacted
Wisconsin officials requesting a hold be placed on Dotson. The arrest warra... More...
   $0 (06-19-2016 - IA)

HARVEY LEE RICKS III vs. STATE OF IOWA

Harvey Ricks was found guilty of possession of a simulated controlled
substance with intent to deliver following the discovery of small rocks within a
cigarette package in his pocket. The cigarette package was not produced at trial.
This court affirmed Ricks’ judgment and sentence. State v. Ricks, No. 11
0594, 2012 WL 3026526 (Iowa Ct. App. July 25, 2012). Ricks filed a More...
   $0 (06-19-2016 - IA)

STATE OF IOWA vs. JUAN CARLOS ASTELLO

In 1998, Juan Carlos Astello was convicted of kidnapping in the first
degree, in violation of Iowa Code sections 710.1 and 710.2 (1997), and murder in
the second degree, in violation of Iowa Code sections 7078.1 and 707.3. He was
sentenced to life without the possibility of parole for the former offense and fifty
years’ incarceration with an eighty-five-percent mandatory minim... More...
   $0 (06-19-2016 - IA)

STATE OF IOWA vs. CHRISTOPHER RYAN LEE ROBY

A jury found Christopher Roby guilty of second and third-degree sexual
abuse in connection with sexual acts he performed as a juvenile. The district
court sentenced him to a prison term not exceeding twenty-five years on the
second-degree-sexual-abuse charge, with a statutorily-prescribed mandatory
minimum sentence of seventeen-and-a-half years. The sentence was to run
c... More...
   $0 (06-19-2016 - IA)

 
 
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