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Iowa Failure to Warn Law
 
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)

STATE OF IOWA vs. ALICIA RITENOUR

In January 2014, Ritenour was living with her daughter and her boyfriend,
Jacob Rauch,1 in a two bedroom apartment in Oskaloosa. Also living in the
apartment was Rauch’s best friend, Logan Cavan, and Ritenour’s fifteen-year-old
friend, A.P., who would stay with them while her father was out of town on
business. Ritenour and Rauch shared one bedroom, Ava had her own bedroom, <... More...
   $0 (06-19-2016 - IA)

STATE OF IOWA vs. ELDRA SCOTT JENNINGS JR

On July 27, 2014, at about 1:30 a.m., Iowa City police officers heard three
or four gunshots at the pedestrian mall in downtown Iowa City. Michael Dillon,
who operated a food vending cart, saw a man fire a weapon into the air and then
run from the scene. Diane Dillon, who was also working at the food vending cart,
crouched down when she heard the shots. Diane stated there we... More...
   $0 (06-19-2016 - IA)

STATE OF IOWA vs. DANIEL EUGENE BEEMAN

The Aerostar van that Daniel Beeman had been driving was fully engulfed
in flames and stuck on the railroad tracks across Hull Avenue as he made his
way toward a guard shack at a nearby trucking company. Employees called
police, who intercepted Beeman as he walked away from the scene. The
responding officer found Beeman was unsteady on his feet with slurred and
delayed s... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. MARQUICE VERRON MORRIS

Christopher Byers was shot and killed in his living room while selling drugs
to Marquice Morris and Joshua McCoy. Two other men were present at the time
of the homicide: Tanner Harvey and Bobby Page, Byers’ friends. Who killed
Byers and why? According to Page, Morris and McCoy pulled out handguns
during the transaction for the purpose of robbing Byers; either Morris or McCo... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. JOHNNY ANDERSON

On March 3, 2006, Anderson was charged with one count of sex abuse in
the second degree and one count of sex abuse in the third degree. See State v.
Anderson, No. 11-1991, 2012 WL 5356105, at *1 (Iowa Ct. App. Oct. 31, 2012).
Following a bench trial in August 2011, Anderson was found guilty. See id. at *4.
On December 18, 2013, Anderson filed a motion for new trial. A hear... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. JARROD DALE MAJORS

In July 2002, as a result of a home invasion, Majors was charged with
eleven counts: two counts of attempted murder, one count of first-degree
burglary while in possession of a firearm, three counts of assault while
participating in first-degree burglary while in possession of a firearm in a
weapons-free zone, three counts of going armed with intent, and two counts of
crim... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. JOSHUA FRANK MCCOY

Christopher Byers was shot and killed in his living room while selling
marijuana to Marquice Morris and Joshua McCoy. Tanner Harvey and Bobby
Page, Byers’ friends, were in the home at the time of the shooting. According to
Page, Morris and McCoy pulled out handguns during the transaction for the
purpose of robbing Byers; either Morris or McCoy fired a shot into the floor and ... More...
   $0 (06-18-2016 - IA)

DAVID HERING vs. STATE OF IOWA

Hering was charged with murder and two counts of attempted murder.
The State alleged Hering shot his wife, Lisa, then shot at two officers who were
responding to a 911 call at his home. During his criminal trial, the defense did
not contest whether Hering committed the offenses but relied upon the defense
of insanity. Dr. Kirk Witherspoon testified Hering suffered from paran... More...
   $0 (06-18-2016 - IA)

STATE OF IOWA vs. DEYAWNA LEANETT TAYLOR

On July 28, 2014, the State charged Deyawna Taylor with one count of driving while barred in violation of Iowa Code section 321.561 (2013) and one count of prostitution in violation of Iowa Code section 725.1. Arraignment was scheduled for August 11. Taylor failed to personally appear for arraignment because she was incarcerated in Polk County on unrelated charges. The district court then issue... More...   $0 (06-18-2016 - IA)

STATE OF IOWA vs. ZYRIAH HENRY FLOYD SCHLITTER

In this appeal from convictions of involuntary manslaughter by
commission of public offense and child endangerment resulting in death,
we primarily consider a claim of ineffective assistance of trial counsel
based on the failure to challenge the sufficiency of evidence to support
the submission of all four alternative means of committing the crime of
child endangerment. On our ... More...
   $0 (06-12-2016 - IA)

DES MOINES FLYING SERVICE, INC. vs. AERIAL SERVICES INC.; CEDAR VALLEY AVIATION, LLC; and KIRK P. FISHER

On February 20, 2009, Cedar Valley Aviation, a wholly owned subsidiary of Aerial Services, Inc. (ASI), brought a Piper 522AS (Cheyenne II) in for maintenance to Des Moines Flying Service, Inc. (DMFS). Among numerous other checks and repairs, DMFS noted both the pilot’s and copilot’s windshields were “delaminated” and installed new windshields. The replaced windshields were original to the aircra... More...   $0 (06-09-2016 - IA)

STATE OF IOWA vs. ISAIAH RICHARD SWEET

On May 11, 2012, seventeen-year-old Isaiah Sweet shot and killed Richard and Janet Sweet. Richard and Janet had cared for Sweet since he was four years old, as his biological mother was unable to do so. Richard was Sweet’s biological grandfather. Richard and Janet had been married for thirty years. Sweet was arrested three days after the murder. After being given Miranda warnings, Sweet desc... More...   $0 (05-27-2016 - IA)

STATE OF IOWA vs. JEFFREY R. FLOWERS

Jeffrey Flowers appeals the judgment entered after he pled guilty to first
degree theft, second-degree theft, and two counts of driving while barred as a
habitual offender. He contends his trial counsel was ineffective in failing to file a
motion in arrest of judgment to challenge the adequacy of the trial court’s plea
colloquy. Specifically, Flowers complains the court failed... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. DAWN MARIE LIENAU

Dawn Lienau pled guilty to driving while barred. She appeals her
conviction asserting her counsel provided ineffective assistance. She claims by
pleading guilty she is now prohibited from challenging an evidentiary ruling of the
court that allowed the State to admit her certified driving record into evidence in
lieu of live testimony from an employee of the department of tran... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. NICOLE ANN SIDERS

On February 15, 2015, Des Moines Police Officer Nick Lloyd was working
off duty, but in full uniform, at Wal-Mart on Southeast 14th Street in Des Moines.
A loss prevention employee informed Officer Lloyd that Siders had left the store
without paying for $27.40 worth of items. Siders hopped into a car and said, “Go,
go, go” to the driver, who sped out of the parking lot. When... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. MARK ANTHONY JOHNSON

After his conviction for assault with intent to commit sexual abuse on
August 27, 2003, Johnson was required to register as a sex offender. In 2006,
2009, and 2014, Johnson was convicted of failing to comply with the registration
requirement. On October 20, 2014, Johnson registered his address as required.
On December 5, 2014, Johnson moved into his sister’s apartment—a diff... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. MICHAEL AARON DUTCHER

Dutcher was convicted of two counts of robbery based on robberies that
occurred in Sioux City approximately one month apart. The first robbery took
place at a Super 8 motel. Dutcher entered the motel at approximately 5:00 a.m.
on May 15, 2014, when the only person present was the front desk clerk. He
was armed with a gun and threatened to shoot and kill the clerk2 if he was ... More...
   $0 (05-26-2016 - IA)

JUSTIN JENTZ vs. STATE OF IOWA

In February 2011, Justin Jentz was charged with operating while
intoxicated and possession of a controlled substance, the latter of which was
subject to an enhancement based on previous drug convictions. Jentz was
found guilty of both charges in June 2012. The district court sentenced Jentz to
180 days for the operating-while-intoxicated charge and up to five years
impri... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. OLIVER LEE LEWIS

In 2014, Lewis entered into three separate plea agreements with the State
regarding three separate offenses: driving while license revoked; public
intoxication, third offense; and operating while intoxicated, second offense (OWI).
In those agreements, the State indicated it would recommend the following on
each charge, respectively: (1) $1000 fine; (2) “2 yrs prison, $625 suspe... More...
   $0 (05-26-2016 - IA)

JAMES LEE BLAIR vs. STATE OF IOWA

In 1982, Blair was convicted of first-degree murder and second-degree
theft. Our supreme court affirmed his convictions on direct appeal. See State v.
Blair, 347 N.W.2d 416, 418 (Iowa 1984). The denial of Blair’s first PCR
application, filed in 1984, was affirmed by this court. See Blair v. State, 492
N.W.2d 220, 221 (Iowa Ct. App. 1992).
In 2014, Blair filed his seco... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. EARL ANTONIO DUNN

At trial, the jury could have found the following facts. Dunn and the victim,
Kelon Tucker, had known each other since 2008, and they remained on good
terms until approximately June 2014, when Dunn began dating Tucker’s ex
girlfriend, Qiana Saunders.
On the evening of July 28, 2014, after drinking, Tucker, his new girlfriend,
and another female friend went to a gas stat... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. JEREMY LEE SCHROEDER

On February 14, 2013, conservation officers from the Iowa Department of
Natural Resources (DNR) executed a search warrant at Schroeder’s residence.
Schroeder’s adult son, who was living in Schroeder’s home at the time, was the
subject of the investigation. The DNR officers had been told Schroeder was
believed to be involved in the manufacturing of methamphetamine in a briefin... More...
   $0 (05-26-2016 - IA)

MICHAEL CONNOR vs. STATE OF IOWA

Michael Connor pled guilty to two counts of third-degree sexual abuse and
one count of sexual exploitation of a minor based on his abuse of a foster child in
his home. The court sentenced him to ten years in prison on each count and
ordered the two sexual-abuse charges to run consecutively, but the exploitation
charge was ordered to run concurrently to the first sexual-abuse s... More...
   $0 (05-26-2016 - IA)

SHAIN MATTHEW MALLOY vs. STATE OF IOWA

Shain Malloy appeals the district court’s summary dismissal of his
applications for postconviction relief (PCR). In 1995 Malloy was convicted of
extortion following a guilty plea and convicted of burglary following a jury trial. He
was also convicted of interference with official acts following a guilty plea in
January 2004. In June 2009, Malloy was sentenced in federal cour... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BENNIE JAMES LENOIR

In the summer of 2013, White was approached by officers from the
Burlington Police Department who were investigating a homicide. Although
White was not a suspect, the officers believed he might have some knowledge
useful to their investigation. During their meeting with White, the officers
discovered he was in possession of crack cocaine. Subsequently, they recruited
Wh... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BRENNA LYN BETTS

On December 12, 2012, Betts was observed speeding by Officer Rafe
Albers. By the time Officer Albers was able to catch up to her vehicle, Betts had
parked her car in the parking lot of her apartment complex and exited her vehicle.
When the officer told her that she had been speeding and he needed her
identification, Betts argued that he could not cite her for speeding because... More...
   $0 (05-26-2016 - IA)

WILLIE DEXTER KIMBROUGH vs. STATE OF IOWA

Willie Dexter Kimbrough appeals from the district court’s ruling on his
application for postconviction relief. Because the claim raised here was not
raised below, we dismiss the appeal.
Following an August 7, 2012 bench trial, Kimbrough was found guilty of
child endangerment, as well as neglect of a dependent person and second
degree theft. The latter charges were allege... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. BRANDON LYNN SCHAUL

Brandon Schaul appeals from his convictions for homicide by vehicle, in
violation of Iowa Code section 707.6A(1) (2013), and serious injury by vehicle, in
violation of Iowa Code section 707.6A(4). Schaul contends there is insufficient
evidence to support his convictions because the State failed to show he was
under the influence or that his intoxication caused the collision. ... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. CHAD ALLAN TITUS

After Chad Allen Titus pled guilty to indecent exposure, the district court
imposed the special sentence pursuant to Iowa Code section 903B.2 (2011),
which committed Titus to the custody of the director of the Iowa Department of
Corrections for ten years. Titus appeals the denial of his motion to correct an
illegal sentence, which challenged the constitutionality of the specia... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA, vs. RICKY L. GRAY

On February 21, 2015, Ricky Gray was stopped for speeding. The police
officer who stopped him observed what appeared to be an illegal controlled
substance in Gray’s possession. Gray was arrested for possession of marijuana.
He entered a written guilty plea to possession of a controlled substance (second
offense) in violation of Iowa Code section 124.401(5) (2015). Gray admi... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. LIONEL CLARK

On July 15, 2014, Clark was charged by trial information with introducing
contraband (controlled substance) into a detention facility, in violation of Iowa
Code section 719.7(3)(a) (2013). The matter proceeded to jury trial on February
10–12, 2015. Immediately prior to the commencement of trial, upon the
prosecution’s motion, the charge was amended to instead allege a violati... More...
   $0 (05-13-2016 - IA)

JOHN ROBERT GEORGE vs. STATE OF IOWA

John George appeals the order denying him postconviction relief (PCR)
for his 2012 conviction of driving while suspended. He claims his conviction must
be vacated in the interest of justice based on a material fact not previously
presented or heard. See Iowa Code § 822.2(1)(d) (2013). Stated succinctly,
George argues his conviction should be vacated because the officer who c... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. ZACHERY THOMAS BUTRICK

The facts underlying Butrick’s convictions are not at issue. Briefly stated,
Butrick kicked his girlfriend’s four-year-old son in the face after the child was
disobedient. When the girlfriend tried to intervene, Butrick pushed her into a wall.
He then choked her, hit her in the face, and threatened to slit her throat with a
knife in front of the child. During the altercatio... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. KAI ROBERT MILLER

Kai Miller spent several hours at a Davenport bar, got behind the wheel of
his car, and crashed into another car. The driver and front-seat passenger in the
other car died. A third person seated in the back was seriously injured.
The State charged Miller with operating a motor vehicle while intoxicated
(first offense) as well as six additional crimes: two counts of homicide ... More...
   $0 (05-12-2016 - IA)

 
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